Rpld S14-106, rpld S14-114 subs 3 & 10, amd El L, generally; add S92-y, St Fin L; amd S658, Tax L
Enacts "campaign financing reform act of 2000" to reform electoral campaign financing and to facilitate voter registration, 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.
STATE OF NEW YORK
________________________________________________________________________
5257--A
1999-2000 Regular Sessions
IN SENATE
April 21, 1999
___________
Introduced by Sens. OPPENHEIMER, CONNOR, DOLLINGER, DUANE, GENTILE,
HEVESI, LACHMAN, MARKOWITZ, MENDEZ, ONORATO, SAMPSON, SANTIAGO,
SCHNEIDERMAN -- read twice and ordered printed, and when printed to be
committed to the Committee on Elections -- recommitted to the Commit-
tee on Elections in accordance with Senate Rule 6, sec. 8 -- 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 "campaign
financing reform act of 2000"; 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 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; to amend
the election law, in relation to identification of the source of
certain political communications; and to amend the legislative law, in
relation to participation in fundraisers during a legislative session;
repealing section 14-106 of the election law relating to filing of a
copy of political advertisements and literature; repealing subdivision
3 of section 14-114 of the election law relating to excluding a party
or constituted committee supporting the candidate from the definition
of the term "contributor"; and repealing subdivision 10 of section
14-114 of the election law relating to prohibiting contributions to a
party or constituted committee which exceed sixty-two thousand five
hundred dollars per annum in the aggregate
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "campaign
2 financing reform act of 2000".
3 § 2. Legislative findings and declaration. The legislature finds that
4 it is vitally important to democratic government in this state to
5 prevent corruption, special privileges, and favoritism in connection
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08564-09-0
S. 5257--A 2
1 with the financing and other operations of statewide political
2 campaigns, as well as the appearance of these abuses, and to create and
3 ensure a truly democratic political system in which citizens irrespec-
4 tive of their income, status, or financial connections are enabled and
5 encouraged to compete for public office. The legislature further finds
6 that to achieve the attainment of the above-mentioned objectives a meas-
7 ure of public financing for all qualified candidates for state elective
8 offices is required.
9 Therefore, the legislature declares that it is in the public interest
10 and a valid public purpose to provide public funds for public financing
11 for all qualified candidates for state and local elective office.
12 § 3. The article heading of article 14 of the election law is amended
13 to read as follows:
14 CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING
15 § 4. Sections 14-100 through 14-130 of article 14 of the election law
16 are designated title I and a new title heading is added to read as
17 follows:
18 CAMPAIGN RECEIPTS AND EXPENDITURES
19 § 5. Article 14 of the election law is amended by adding two new
20 titles II and III to read as follows:
21 TITLE II
22 STATE PUBLIC FINANCING
23 Section 14-200. Definitions.
24 14-202. Eligibility.
25 14-204. Qualified campaign expenditures.
26 14-206. Optional public financing.
27 14-208. Contribution and receipt limitations.
28 14-210. Expenditure limitations.
29 14-212. Examinations and audits; repayments.
30 14-214. Penalties.
31 14-216. Civil penalties.
32 § 14-200. Definitions. As used in this title, unless another meaning
33 is clearly indicated:
34 1. The term "state board" shall mean the state board of elections.
35 2. The term "eligible candidate" shall mean a candidate for nomination
36 or election to any of the offices of governor, lieutenant governor,
37 comptroller, attorney general, member of the legislature, at-large dele-
38 gate to a constitutional convention or district delegate to a constitu-
39 tional convention who meets the requirements for eligibility in section
40 14-202 of this title.
41 3. The term "matchable contributions" shall mean that portion of the
42 aggregate contributions made after the effective date of this title by
43 natural persons resident in the state of New York to a candidate for
44 nomination or election to any of the offices covered by the provisions
45 of this title which do not exceed five hundred dollars, which have been
46 reported in full by the candidate's authorized committee to the state
47 board, including the contributor's full name and residential address
48 and, with respect to contributions of more than fifty dollars, the name
49 and address of the contributor's employer. "Matchable contributions"
50 shall be the net amount of any monetary contribution realized by a
51 candidate or designated committee after deducting the reasonable value
52 of any goods or services provided the contributor in connection with the
53 contribution, except that contributions from any person who has received
54 a payment or anything of value from such committee or from a person who
55 is an officer, director or employee of, or a person who has a ten
56 percent or greater ownership interest in any entity which has received
S. 5257--A 3
1 such a payment or thing of value shall not be matchable. A loan may not
2 be treated as a matchable contribution. For purposes of this subdivi-
3 sion, a "contributor" shall be deemed to include the spouse and uneman-
4 cipated children of any individual contributor.
5 4. The term "qualified campaign expenditure" shall mean an expenditure
6 for which public funds may be used.
7 5. The term "fund" shall mean the New York state election campaign
8 fund.
9 6. The term "threshold for eligibility" shall mean the amount of total
10 matchable contributions that the authorized committee of an otherwise
11 eligible candidate for election to statewide office or to the state
12 legislature must receive in order to qualify for optional public financ-
13 ing pursuant to this title.
14 § 14-202. Eligibility. 1. To be eligible for optional public financing
15 under this title, a candidate for nomination or election must:
16 (a) Meet all the requirements of this chapter and other provisions of
17 law to have his or her name on the ballot;
18 (b) Be a candidate for statewide office, the state legislature or
19 delegate to a constitutional convention at a primary, general or special
20 election and meet the threshold for eligibility set forth in subdivision
21 two of this section;
22 (c) Elect to participate in the public funding provisions of this
23 title not later than seven days after the last day to file designating
24 petitions for the office such candidate is seeking or, in the case of a
25 special election, not later than the last day to file nominating
26 petitions for such office;
27 (d) Agree to obtain and furnish to the state board any evidence it may
28 reasonably request relating to his or her campaign expenditures or
29 contributions and furnish such other proof of compliance with this title
30 as may be requested by the state board;
31 (e) Have a single authorized political committee which he or she
32 certifies as the authorized committee for the purposes of this title;
33 and
34 (f) Agree to identify accurately in all campaign materials the person
35 or entity that paid for such campaign material.
36 2. The threshold for eligibility for public funding for candidates in
37 a primary, general or special election for the following offices shall
38 be:
39 (a) Governor in a primary or general election. Not less than two
40 hundred twenty-five thousand dollars in matchable contributions includ-
41 ing at least one thousand such contributions in the amount of ten
42 dollars or more or half the expenditure limit, whichever is less.
43 (b) Lieutenant governor in a primary election and comptroller or
44 attorney general in a primary or general election. Not less than seven-
45 ty-five thousand dollars in matchable contributions including at least
46 five hundred such contributions of ten dollars or more or half the
47 expenditure limit, whichever is less.
48 (c) At-large delegate to a constitutional convention in a primary or
49 general election. Not less than seven thousand five hundred dollars in
50 matchable contributions including at least fifty such contributions of
51 ten dollars or more or half the expenditure limit, whichever is less.
52 (d) Members of the state senate in a primary, general or special
53 election. Not less than seven thousand five hundred dollars in matchable
54 contributions including at least twenty-five such contributions of ten
55 dollars or more from residents of the district in which the seat is to
56 be filled or half the expenditure limit, whichever is less.
S. 5257--A 4
1 (e) District delegate to a constitutional convention in a primary or
2 general election. Not less than two thousand five hundred dollars in
3 matchable contributions including at least twenty-five such contrib-
4 utions of ten dollars or more from residents of the district in which
5 the seat is to be filled or half the expenditure limit, whichever is
6 less.
7 (f) Members of the assembly in a primary, general or special election.
8 Not less than five thousand dollars in matchable contributions including
9 at least twenty-five such contributions of ten dollars or more from
10 residents of the district in which the seat is to be filled or half the
11 expenditure limit, whichever is less.
12 3. In order to be eligible to receive public funds in a primary
13 election a candidate must agree, that in the event such candidate is a
14 candidate for such office in the general election in such year, that
15 such candidate will be bound by the provisions of this title, including,
16 but not limited to, the receipt and expenditure limits of this title.
17 4. Candidates who are contested in a primary election and who do not
18 seek public funds shall not be eligible for public funds for the general
19 election in that year. The provisions of this subdivision shall not
20 apply to candidates for the office of lieutenant governor.
21 5. Candidates who are unopposed in a general or special election shall
22 not be eligible to receive public funds.
23 6. No candidate for election to an office in a primary, general or
24 special election 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 for an office and the authorized committee of such candi-
33 date reaches the threshold to qualify to receive public funds, or spends
34 or contracts or obligates to spend, or receives in loans or contrib-
35 utions, an amount exceeding ten percent of the expenditure limit for
36 such office in such election at any time after the filing deadline for
37 the last report required to be filed before the first distribution of
38 public funds for such election, such candidate or committee must notify
39 the state board of that fact within forty-eight hours by express mail.
40 § 14-204. Qualified campaign expenditures. 1. Public funds provided
41 under the provisions of this title may only be used for expenditures by
42 any one committee authorized by the candidate to make expenditures on
43 such candidate's behalf, to further the candidate's nomination or
44 election during the calendar year in which the primary or general
45 election in which the candidate seeking nomination or election is held,
46 for services, materials, facilities or other things of value used during
47 that year or in the case of a special election for expenditures during
48 the period commencing three months before and ending one month after
49 such special election. The total of all expenditures made by the candi-
50 date and such candidate's authorized committee including all payments
51 received from the fund shall not exceed the expenditure limitations
52 established in section 14-210 of this title, except insofar as such
53 payments are made to repay loans used to pay campaign expenditures.
54 2. Such public funds may not be used for:
55 (a) An expenditure in violation of any law of the United States or of
56 this state;
S. 5257--A 5
1 (b) Payments or anything of value given or made to the candidate, a
2 relative of the candidate, or to a business entity in which any such
3 person has a ten percent or greater ownership interest or of which any
4 such person is an officer, director or employee;
5 (c) Payment in excess of the fair market value of services, materials,
6 facilities or other things of value received in exchange;
7 (d) Any expenditure made after the candidate, or the only remaining
8 opponent of the candidate, has been disqualified or had such candidate's
9 petitions declared invalid by a board of elections or a court of compe-
10 tent jurisdiction until and unless such finding is reversed by a higher
11 authority. This paragraph shall not apply to a candidate entitled to
12 expend public funds pursuant to the provisions of subdivision three of
13 section 14-206 of this title;
14 (e) Any expenditure made to challenge the validity of any petition of
15 designation or nomination or any certificate of nomination, acceptance,
16 authorization, declination or substitution;
17 (f) Expenditure for noncampaign related food, drink or entertainment;
18 and
19 (g) Gifts, except brochures, buttons, signs and other campaign materi-
20 al.
21 § 14-206. Optional public financing. 1. Eligible candidates for nomi-
22 nation or election in primary, general and special elections may obtain
23 payment to authorized committees from public funds for qualified
24 campaign expenditures. No such public funds shall be paid to an author-
25 ized committee until the candidate has qualified as an eligible candi-
26 date and filed a sworn statement with the state board electing to
27 receive public funds and agreeing to abide by the requirements of this
28 title. Payments shall not exceed the amounts specified in this title,
29 and shall be made only in accordance with the provisions of this title.
30 Such payments may only be made to an eligible candidate's authorized
31 committee. No public funds shall be used except as reimbursement or
32 payment for qualified campaign expenditures actually and lawfully
33 incurred or to repay loans used to pay qualified campaign expenditures.
34 2. (a) The authorized committee of each eligible candidate shall be
35 entitled to payment for qualified campaign expenditures not to exceed
36 one dollar for each one dollar of matchable contributions obtained and
37 reported to the state board in accordance with the provisions of this
38 title.
39 (b) However, if any candidate in any election for an office for which
40 public funds are available pursuant to the provisions of this title,
41 elects not to accept such public funds and either, such candidate
42 spends, or contracts or obligates to spend, or contributes to such
43 candidate's authorized committee an amount exceeding two hundred fifty
44 thousand dollars of such candidate's personal funds, or if such candi-
45 date 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 two dollars for each such dollar of matchable contributions. If a
52 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 two hundred fifty thousand
55 dollars of such candidate's personal funds, or if such a candidate and
56 the authorized committee of such a candidate, spends or contracts or
S. 5257--A 6
1 obligates to spend, or receives in loans or contributions, an amount
2 exceeding one-third the expenditure limit for such office, such candi-
3 date or committee must notify the state board of the fact within forty-
4 eight hours by express mail.
5 3. No candidate for nomination for an office who is unopposed in a
6 primary election shall be entitled to payment from the fund for quali-
7 fied campaign expenditures, unless there is a contest in such primary
8 for the nomination of at least one other party for such office. Where
9 there is such a contest, the authorized committee of an unopposed candi-
10 date for nomination may receive one-half the payment provided in subdi-
11 vision two of this section, provided that such candidate otherwise qual-
12 ifies pursuant to the provisions of this title. Such payment can only be
13 expended for property, services or facilities used on or before the date
14 of such primary.
15 4. The total payments from the fund received by the authorized commit-
16 tee of any candidate, when added to the total of contributions received
17 by such candidate and such candidate's authorized committee, may not
18 exceed the amount which may be expended by such candidate pursuant to
19 the provisions of this title.
20 5. The state board shall promptly examine all reports of contributions
21 to determine that, on their face, they meet the requirements for matcha-
22 ble contributions, and shall keep a record of such contributions.
23 6. The state board shall promulgate regulations for the certification,
24 for approval of payment by the New York state election campaign fund
25 pursuant to section ninety-two-y of the state finance law, of the sum of
26 public funds that such candidate has qualified to receive from the
27 election campaign fund. These regulations shall include the promulgation
28 and distribution of forms on which contributions and expenditures are to
29 be reported, the periods during which such reports must be filed and the
30 verification required. The state board shall endeavor to institute
31 procedures which will make possible payment by the election campaign
32 fund within four business days after receipt of the required forms and
33 verifications.
34 § 14-208. Contribution and receipt limitations. 1. The following
35 limitations apply to all contributions for those offices for which
36 public funds are available pursuant to the provisions of this title:
37 (a) In any primary or general election for a public office to be voted
38 on by the voters of the entire state, no contributor may make a contrib-
39 ution to any candidate or authorized committee, and no candidate or
40 authorized committee may accept any contribution from any contributor,
41 which, in the aggregate amount is greater than four thousand dollars
42 except that for the public office of delegate at-large to a constitu-
43 tional convention, such aggregate amount shall not be greater than one
44 thousand dollars. Candidates for governor and lieutenant governor in a
45 general election who have elected to participate in the optional public
46 financing provisions of this title may accept from one or more of the
47 party or constituted committees of all of the parties which have nomi-
48 nated them, an amount which, in the aggregate, does not exceed seven
49 hundred thousand dollars. Candidates for governor and lieutenant gover-
50 nor who have elected not to participate in such optional public financ-
51 ing may accept from such party or constituted committees an amount
52 which, in the aggregate does not exceed three hundred fifty thousand
53 dollars. A candidate for attorney general or comptroller in a general
54 election who has elected to participate in the optional public financing
55 provisions of this title may accept from one or more of the party or
56 constituted committees of all the parties which have nominated such
S. 5257--A 7
1 candidates, an amount which, in the aggregate, does not exceed two
2 hundred fifty thousand dollars. A candidate for attorney general or
3 comptroller who has elected not to participate in such optional public
4 financing may accept from such party or constituted committees an amount
5 which, in the aggregate, does not exceed one hundred twenty-five thou-
6 sand dollars. A candidate for delegate at-large to a constitutional
7 convention in a general election who has elected to participate in the
8 optional public financing provisions of this title may accept from one
9 or more of the party or constituted committees of all the parties which
10 have nominated him an amount which, in the aggregate, does not exceed
11 twenty-five thousand dollars. A candidate for delegate at-large to a
12 constitutional convention who has elected not to participate in such
13 optional public financing may accept from such party or constituted
14 committees an amount which, in the aggregate, does not exceed twelve
15 thousand five hundred dollars.
16 (b) In any primary, general or special election for member of the
17 state legislature, no contributor may make a contribution to any candi-
18 date or authorized committee, and no candidate or authorized committee
19 may accept any contribution from any contributor, which, in the aggre-
20 gate amount, is greater than one thousand five hundred dollars except
21 that a candidate for state senator in a general or special election who
22 has elected to participate in the optional public financing provisions
23 of this title or such candidate's authorized committee may accept from
24 one or more of the party or constituted committees of all of the parties
25 which have nominated such candidate, an amount which in the aggregate
26 does not exceed fifty thousand dollars. A candidate for state senator
27 who has elected not to participate in such optional public financing may
28 accept from such party or constituted committees an amount which, in the
29 aggregate, does not exceed thirty thousand dollars. Such a candidate for
30 member of the assembly who has elected to participate in such optional
31 public financing or such candidate's authorized committee may accept
32 from such party or constituted committees an amount which in the aggre-
33 gate does not exceed twenty-five thousand dollars. A candidate for
34 member of the assembly who has elected not to participate in such
35 optional public financing may accept from such party or constituted
36 committees an amount which, in the aggregate, does not exceed fifteen
37 thousand dollars.
38 (c) In any primary or general election for district delegate to a
39 constitutional convention, no contributor may make a contribution to any
40 candidate or authorized committee and no candidate or authorized commit-
41 tee may accept any contribution from any contributor which, in the
42 aggregate amount, is greater than five hundred dollars except that such
43 a candidate in a general election who has elected to participate in the
44 optional public financing provisions of this title or such candidate's
45 authorized committee may accept from one or more of the party or consti-
46 tuted committees of all the parties which have nominated such candidate,
47 an amount which, in the aggregate, does not exceed five thousand
48 dollars. A candidate for district delegate to a constitutional conven-
49 tion who has elected not to participate in such optional public financ-
50 ing may accept from such party or constituted committees an amount
51 which, in the aggregate, does not exceed two thousand five hundred
52 dollars.
53 (d) However, if any candidate in any election for any office for which
54 public funds are available pursuant to the provisions of this title,
55 elects not to accept such public funds and either, such candidate
56 spends, or contracts or obligates to spend, or contributes to such
S. 5257--A 8
1 candidate's authorized committee an amount exceeding two hundred fifty
2 thousand dollars of such candidate's personal funds, or if such candi-
3 date and such candidate's authorized committee spend or contract or
4 obligate to spend, or receive in loans or contributions, an amount
5 exceeding one-third the expenditure limit for such office fixed by this
6 title for candidates who have elected to accept such public funds,
7 contributors to those candidates for such office who have elected to
8 receive public funds shall be allowed to contribute and such candidates
9 or authorized committees shall be allowed to accept contributions from
10 any contributor, which, in the aggregate, are twice the amount which
11 would otherwise be allowed by paragraphs (a), (b) and (c) of this subdi-
12 vision, whichever is applicable. If a candidate who elects not to accept
13 such public funds, spends, or contracts or obligates to spend, or
14 contributes to his authorized committee an amount exceeding two hundred
15 fifty thousand dollars of his personal funds, or if such a candidate and
16 the authorized committee of such a candidate spends or contracts or
17 obligates to spend, or receives in loans or contributions, an amount
18 exceeding one-third the expenditure limit for such office, such candi-
19 date or committee must notify the state board of the fact within forty-
20 eight hours by express mail.
21 (e) At the beginning of the calendar year two thousand seven and each
22 fourth calendar year thereafter, the state board shall determine the
23 percentage difference between the most recent available monthly consumer
24 price index for all urban consumers published by the United States
25 bureau of labor statistics and such consumer price index published for
26 the same month four years previously. The amount of each contribution
27 limit fixed in this subdivision shall be adjusted by the amount of such
28 percentage difference to the closest one hundred dollars by the state
29 board which, not later than the first day of February in each such year,
30 shall issue a regulation setting forth the amount of each such contrib-
31 ution limit. Each contribution limit as so adjusted shall be the
32 contribution limit in effect for any election held before the next such
33 adjustment.
34 2. (a) Contributions received before the effective date of this title
35 may be expended only to the extent that they do not exceed the contrib-
36 ution limits imposed by this section. Interest earned on any such
37 contributions may be expended only to the extent that such interest was
38 earned on contributions which may be expended pursuant to the provisions
39 of this subdivision.
40 (b) However, if any candidate in any election for any office for which
41 public funds are available pursuant to the provisions of this title,
42 elects not to accept such public funds and such candidate spends, or
43 contracts or obligates to spend, or contributes to such candidate's
44 authorized committee an amount exceeding two hundred fifty thousand
45 dollars of such candidate's personal funds, or such candidate and such
46 candidate's authorized committee spend or contract or obligate to spend,
47 or receive in loans or contributions, an amount exceeding one-third the
48 expenditure limit for such office fixed by this title for candidates who
49 have elected to accept such public funds, candidates for such office who
50 have elected to receive public funds and the authorized committees of
51 such candidates shall be allowed to expend all contributions received
52 before the effective date of this title.
53 3. (a) A candidate for a public office for which public funds are
54 available pursuant to this title, or the authorized committee of such a
55 candidate who has not elected to participate in such public funding
56 provisions of this article, shall not accept any contributions any
S. 5257--A 9
1 earlier than one year before the first day to circulate designating
2 petitions for the office which such candidate is seeking, or any later
3 than the end of the calendar year in which the election occurs, except
4 that a candidate or authorized committee which has a deficit at the end
5 of such calendar year may, after such calendar year, accept contrib-
6 utions which do not exceed the amount of such deficit and the expenses
7 incurred in raising such contributions. Contributions to such a candi-
8 date or authorized committee which were received before the effective
9 date of this title may not be expended in any election for any such
10 office.
11 (b) A candidate for such an office to be filled at a special election,
12 or the authorized committee of such a candidate who has not elected to
13 participate in the public funding provisions of this title, shall not
14 accept any contributions any earlier than the date such office becomes
15 vacant or four months before such special election, whichever is earli-
16 er, or any later than two months after such election except that a
17 candidate or authorized committee which has a deficit two months after
18 such election may, after such date, accept contributions which do not
19 exceed the amount of such deficit and the expenses incurred in raising
20 such contributions.
21 4. Except for the limitations specifically set forth in this section,
22 such eligible candidates shall be subject to the provisions of section
23 14-114 of this article.
24 § 14-210. Expenditure limitations. 1. The following limitations apply
25 to all expenditures by eligible candidates and their authorized commit-
26 tees receiving public funds pursuant to the provisions of this title.
27 2. (a) In any primary election, expenditures by eligible candidates
28 for statewide offices except the office of delegate at-large to a
29 constitutional convention and by their authorized committees shall not
30 exceed the sum of seventy-five cents for each voter enrolled in the
31 candidate's party in the state, expenditures by eligible candidates for
32 the state legislature and by their authorized committees shall not
33 exceed the sum of one dollar and seventy-five cents for each voter
34 enrolled in the candidate's party in the district in which such candi-
35 date is a candidate, expenditures by eligible candidates for delegate at
36 large to a constitutional convention and by their authorized committees
37 shall not exceed the sum of ten cents for each voter enrolled in the
38 candidate's party in the state and expenditures by eligible candidates
39 for district delegate to a constitutional convention and by their
40 authorized committees shall not exceed the sum of seventy-five cents for
41 each voter enrolled in the candidate's party in the district in which
42 such candidate is a candidate, as determined by the records of the
43 appropriate board or boards of election as of the last general election
44 preceding the primary election, or the following amounts, whichever is
45 greater:
46 Candidates for nomination to the office of:
47 Statewide office$500,000
48 Delegate at-large
49 to a constitutional
50 convention$75,000
51 Member of senate$30,000
52 District delegate
53 to a constitutional
54 convention$5,000
55 Member of assembly$15,000
S. 5257--A 10
1 However, such expenditures shall not exceed two million five hundred
2 thousand dollars in a primary election for governor, one million two
3 hundred fifty thousand dollars in a primary election for lieutenant
4 governor, comptroller or attorney general, one hundred twenty-five thou-
5 sand dollars in a primary election for delegate at-large to a constitu-
6 tional convention, one hundred fifty thousand dollars in a primary
7 election for member of the senate, thirty thousand dollars in a primary
8 election for district delegate to a constitutional convention and seven-
9 ty-five thousand dollars in a primary election for member of assembly.
10 (b) In any general or special election, expenditures by eligible
11 candidates for the following offices and by their authorized committees
12 shall not exceed the following amounts:
13 Candidates for election to the office of:
14 Governor and lieutenant governor (combined)$7,000,000
15 Attorney general$2,500,000
16 Comptroller$2,500,000
17 Delegate at-large
18 to a constitutional
19 convention$250,000
20 Member of senate$150,000
21 District delegate
22 to a constitutional
23 convention$30,000
24 Member of assembly$75,000
25 (c) However, if any candidate in any election for an office for which
26 public funds are available pursuant to the provisions of this title,
27 elects not to accept such public funds and either, such candidate
28 spends, or contracts or obligates to spend, or contributes to such
29 candidate's authorized committee an amount exceeding two hundred fifty
30 thousand dollars of such candidate's personal funds, or if such candi-
31 date and such candidate's authorized committee spend or contract or
32 obligate to spend, or receive in loans or contributions, an amount
33 exceeding one-third of the expenditure limit for such office fixed by
34 paragraph (a) or (b) of this subdivision, whichever is applicable, for
35 candidates who have elected to accept such public funds, there shall be
36 no expenditure limit for those candidates for such office who have
37 elected to receive public funds. If a candidate who elects not to accept
38 such public funds, spends or contracts or obligates to spend, or
39 contributes to such candidate's authorized committee an amount exceeding
40 two hundred fifty thousand dollars of such candidate's personal funds,
41 or if such a candidate and the authorized committee of such a candidate
42 spends or contracts or obligates to spend, or receives in loans or
43 contributions, an amount exceeding one-third of the expenditure limit
44 for such office, such candidate or committee must notify the state board
45 of that fact within forty-eight hours by express mail.
46 (d) Candidates for office who are unopposed in the primary election
47 may expend before the primary election, for services, materials or
48 facilities used on or before the date of such primary election, an
49 amount equal to half the sum such candidates would be entitled to spend
50 if their nomination was contested in such primary election provided that
51 there is a contest in such primary for the nomination of at least one
52 other party for such office.
53 (e) Expenditures for legal fees and expenses to defend the validity of
54 petitions of designation or nomination or certificates of nomination,
55 acceptance, authorization, declination or substitution, or to challenge
56 successfully, any such petition or certificate on grounds of fraud and
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1 for expenses incurred to comply with the campaign finance reporting
2 requirements of this article shall not be subject to the expenditure
3 limits of this subdivision.
4 (f) Notwithstanding any expenditure limit in this subdivision, each
5 county committee of any party which nominates a candidate for statewide
6 office, including within the term county committee any of its subcommit-
7 tees, may expend in support of each such candidate for statewide office
8 of such party who has agreed to accept public financing, an amount which
9 shall not exceed the sum of two cents for each voter registered in such
10 county as determined by the records of the appropriate board of
11 elections as of the preceding general election.
12 (g) At the beginning of the calendar year two thousand seven and each
13 fourth calendar year thereafter, the state board shall determine the
14 percentage difference between the most recent available monthly consumer
15 price index for all urban consumers published by the United States
16 bureau of labor statistics and such consumer price index published four
17 years previously. The amount of each expenditure limit fixed in this
18 subdivision shall be adjusted by the amount of such percentage differ-
19 ence to the closest one thousand dollars by the state board which, not
20 later than the first day of February in each such year, shall issue a
21 regulation setting forth the amount of each such contribution limit.
22 Each contribution limit as so adjusted shall be the contribution limit
23 in effect for any election held before the next such adjustment.
24 3. In computing the aggregate amount expended for purposes of this
25 section, expenditures made by a committee in support of more than one
26 candidate shall be allocated among such candidates supported by the
27 committee in accordance with formulas promulgated by the state board or,
28 in the absence of such official formulas, in accordance with any formula
29 based upon reasonable standards. The statements filed by such committee
30 in accordance with this chapter shall set forth, in addition to the
31 other information required, the total amount expended by the committee
32 on behalf of all such candidates and the amount allocated to each candi-
33 date by dollar amount and percentage. Expenditures by a state or other
34 committee of a political party for activities which do not support or
35 oppose the election of any candidate or candidates by name or by clear
36 inference shall not be regarded as expenditures on behalf of or in oppo-
37 sition to a candidate.
38 § 14-212. Examinations and audits; repayments. 1. The state board
39 shall conduct a thorough examination and audit of the contributions and
40 qualified campaign expenses of the authorized committee of every eligi-
41 ble candidate who received payments pursuant to section 14-206 of this
42 title.
43 2. (a) If the state board determines that any portion of the payment
44 made to such authorized committee from the New York state election
45 campaign fund was in excess of the aggregate amount of payments to which
46 such eligible candidate was entitled pursuant to section 14-206 of this
47 title, it shall notify such committee and such committee shall pay to
48 the state board an amount equal to the amount of excess payments.
49 (b) If the state board determines that any amount of payment made to
50 an authorized committee of an eligible candidate from the New York state
51 election campaign fund was used for purposes other than to defray quali-
52 fied campaign expenses, it shall notify the said authorized committee of
53 the amount disqualified and the said authorized committee shall pay to
54 the state board an amount equal to such disqualified amount.
55 (c) If the total of contributions and payments from the New York state
56 election campaign fund received by any candidate and such candidate's
S. 5257--A 12
1 authorized committee, exceeds the campaign expenditures of such candi-
2 date and committee, such candidate and committee shall use such excess
3 funds to reimburse the fund for payments received by such committee from
4 the fund not later than ten days after all liabilities have been paid
5 and in any event, not later than March thirty-first of the year follow-
6 ing the year of the election for which such payments were intended. No
7 such excess funds shall be used for any other purpose, unless the total
8 amount due the New York state election campaign fund from such candidate
9 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 election campaign fund estab-
19 lished by section ninety-two-y of the state finance law.
20 § 14-214. 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
S. 5257--A 13
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 § 14-216. 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 III
24 LOCAL OPTION PUBLIC FINANCING
25 Section 14-300. Public campaign financing in counties, cities or towns
26 by local option.
27 § 14-300. Public campaign financing in counties, cities or towns by
28 local option. 1. On the request of two-thirds of the total membership
29 of its legislative body or on the request of its chief executive officer
30 concurred in by a majority of such membership, of any county, city or
31 town which contains a population of more than one hundred thousand, made
32 to the state legislature, the legislature may enact a local public
33 campaign financing law for elections in such county, city or town.
34 2. Such local public campaign finance law shall include, but not be
35 limited to: which offices shall be included in public financing, the
36 amount of public financing for each office, contribution and expenditure
37 limits, and the method of funding public financing.
38 3. The forms of requests to be submitted to the legislature with
39 respect to the enactment of such special law and the manner of communi-
40 cation of such requests to the legislature shall be the same as those
41 prescribed pursuant to section fifty-five of the legislative law.
42 4. Such local public financing law shall not take effect unless
43 enacted into law by the legislature within sixty days after receipt of
44 the request described in subdivision one of this section from such coun-
45 ty, city or town. If the legislature is not in session at the time of
46 such receipt, or if it adjourns sine die less than sixty days after such
47 receipt, then such sixty-day period for enactment shall run from the
48 date the legislature reconvenes.
49 5. Nothing in this section shall be construed to diminish any existing
50 authority of a county, city or town.
51 § 6. Severability. If any clause, sentence, subdivision, paragraph,
52 section or part of title II or III of article 14 of the election law be
53 adjudged by any court of competent jurisdiction to be invalid, such
54 judgment shall not affect, impair or invalidate the remainder thereof,
55 but shall be confined in its operation to the clause, sentence, subdivi-
S. 5257--A 14
1 sion, paragraph, section or part thereof directly involved in the
2 controversy in which such judgment shall have been rendered.
3 § 7. Subdivisions 2 through 11 of section 14-100 of the election law,
4 subdivisions 2, 3, 4, 5, 6, 8, 10 and 11 as redesignated by chapter 9 of
5 the laws of 1978 are renumbered subdivisions 4 through 13 and two new
6 subdivisions 2 and 3 are added to read as follows:
7 2. "authorized committee" means a political committee which has been
8 authorized by one or more candidates to act on their behalf.
9 3. "multi-candidate committee" means a political committee which has
10 been in existence for at least six months, has received contributions of
11 money from more than fifty persons, has made contributions of money to
12 at least five candidates in New York state, makes only monetary contrib-
13 utions and is not an authorized committee for any candidate.
14 § 8. Subdivision 9 of section 14-100 of the election law, as amended
15 by chapter 480 of the laws of 1987 and renumbered by section seven of
16 this act, is amended to read as follows:
17 9. "candidate" means an individual who seeks nomination for election,
18 or election, to any public office or party position to be voted for at a
19 caucus or a primary, general or special or New York city community
20 school district election or election for trustee of the Long Island
21 Power Authority, whether or not the public office or party position has
22 been specifically identified at such time and whether or not such indi-
23 vidual is nominated or elected, and, for purposes of this subdivision,
24 an individual shall be deemed to seek nomination for election, or
25 election, to an office or position, if he has (1) taken the action
26 necessary to qualify himself for nomination for election, or election,
27 or (2) received contributions or made expenditures, given his consent
28 for any other person to receive contributions or make expenditures, with
29 a view to bringing about his nomination for election, or election, to
30 any office or position at any time whether in the year in which such
31 contributions or expenditures are made or at any other time; and
32 § 9. The opening paragraph of paragraph 3 of subdivision 11 of section
33 14-100 of the election law, as amended by chapter 70 of the laws of 1983
34 and such subdivision as renumbered by section seven of this act, is
35 amended to read as follows:
36 any payment, by any person other than a candidate or a political
37 committee authorized by the candidate, made in connection with the nomi-
38 nation for election or election of any candidate, or any payment made to
39 promote the success or defeat of a political party or principle, or of
40 any ballot proposal including but not limited to compensation for the
41 personal services of any individual which are rendered in connection
42 with a candidate's election or nomination without charge; provided
43 however, that none of the foregoing shall be deemed a contribution if it
44 is made, taken or performed by a candidate or [his] the spouse of a
45 candidate except a candidate who has elected to accept public funds
46 pursuant to title II or title III of this article, or by a person or a
47 political committee independent of the candidate or his agents or
48 authorized political committees. For purposes of this article, the term
49 "independent of the candidate or his agents or authorized political
50 committees" shall mean that the candidate or his agents or authorized
51 political committees did not authorize, request, suggest, foster or
52 cooperate in any such activity; and provided further, that the term
53 contribution shall not include:
54 § 10. Subdivisions 1 and 3 of section 14-102 of the election law, as
55 amended by chapter 8 of the laws of 1978, subdivision 1 as redesignated
S. 5257--A 15
1 by chapter 9 of the laws of 1978 and subdivision 3 as renumbered by
2 chapter 70 of the laws of 1983, are amended to read as follows:
3 1. The treasurer of every political committee which, or any officer,
4 member or agent of any such committee who, in connection with any
5 election, receives or expends any money or other valuable thing or
6 incurs any liability to pay money or its equivalent and any entity or
7 person, other than a natural person, who or which makes contributions or
8 expenditures, or incurs liabilities, for political purposes which total
9 in excess of two thousand dollars in any calendar year shall file state-
10 ments sworn, or subscribed and bearing a form notice that false state-
11 ments made therein are punishable as a class A misdemeanor pursuant to
12 section 210.45 of the penal law, at the times prescribed by this article
13 setting forth all the receipts, contributions to and the expenditures by
14 and liabilities of the committee and all such contributions and expendi-
15 tures by, and liabilities of, such entity or person, and of its offi-
16 cers, members and agents in its behalf. Such statements shall include
17 the dollar amount of any receipt, contribution or transfer, or the fair
18 market value of any receipt, contribution or transfer, which is other
19 than of money, the name and address of the transferor, contributor or
20 person from whom received, the name and address of such person's employ-
21 er, the full name, residential address, occupation, employer, and busi-
22 ness address of each individual, corporation, partnership, political
23 committee, employee organization or other entity making, or which is the
24 intermediary for, such contribution, or any loan, guarantee, or other
25 security for such a loan and if the transferor, contributor or person is
26 a political committee; the name of and the political unit represented by
27 the committee, the date of its receipt, the dollar amount of every
28 expenditure, the name and address of the person to whom it was made or
29 the name of and the political unit represented by the committee to which
30 it was made and the date thereof, and shall state clearly the purpose of
31 such expenditure. If any one expenditure is made for more than one
32 purpose, or as payment for goods or services supplied by more than one
33 supplier, such statement shall set forth separately each such purpose or
34 supplier and the amount expended for each such purpose or for or to each
35 such supplier. Any statement reporting a loan shall have attached to it
36 a copy of the evidence of indebtedness. [Expenditures] Except for candi-
37 dates and committees who or which accept public financing pursuant to
38 the provisions of this article, expenditures in sums under fifty dollars
39 need not be specifically accounted for by separate items in said state-
40 ments, and receipts and contributions aggregating not more than ninety-
41 nine dollars, from any one contributor need not be specifically
42 accounted for by separate items in said statements, provided however,
43 that such expenditures, receipts and contributions shall be subject to
44 the other provisions of section 14-118 of this article. If a committee
45 has made expenditures of money or other valuable things or incurred
46 liabilities totaling more than two thousand dollars each to support or
47 oppose more than one candidate in any calendar year, such statements
48 shall also set forth on a separate schedule, each of the expenditures
49 made, or liabilities incurred, with respect to each such candidate. The
50 board of elections shall annex a copy of each such schedule to the
51 statement required to be filed by such candidate pursuant to the
52 provisions of section 14-104 of this title.
53 3. The state board of elections shall promulgate regulations with
54 respect to the accounting methods to be applied in complying with, and
55 in preparing the statements required by, the provisions of this article
56 and shall provide forms suitable for such statements. Such regulations
S. 5257--A 16
1 shall be drawn to assure such compliance and obtain the maximum possible
2 disclosure.
3 § 11. Subdivision 1 of section 14-104 of the election law, as amended
4 by chapter 430 of the laws of 1997, is amended to read as follows:
5 1. Any candidate for election to public office, or for nomination for
6 public office at a contested primary election or convention, or for
7 election to a party position at a primary election, shall file state-
8 ments sworn, or subscribed and bearing a form notice that false state-
9 ments made therein are punishable as a class A misdemeanor pursuant to
10 section 210.45 of the penal law, at the times prescribed by this article
11 setting forth the particulars specified by section 14-102 of this arti-
12 cle, as to all moneys or other valuable things, paid, given, expended or
13 promised by him to aid his own nomination or election, or to promote the
14 success or defeat of a political party, or to aid or influence the nomi-
15 nation or election or the defeat of any other candidate to be voted for
16 at the election or primary election or at a convention, including
17 contributions to political committees, officers, members or agents ther-
18 eof, and transfers, receipts and contributions to him to be used for any
19 of the purposes above specified, or in lieu thereof, any such candidate
20 may file such a sworn statement at the first filing period, on a form
21 prescribed by the state board of elections that such candidate has made
22 no such expenditures and does not intend to make any such expenditures,
23 except through a political committee authorized by such candidate pursu-
24 ant to this article. If the amounts paid, given, expended or promised
25 with respect to any other candidate exceed two thousand dollars, such
26 statements shall also set forth on a separate schedule each such amount
27 paid, given, expended or promised with respect to each such candidate.
28 The board of elections shall annex a copy of each such schedule to the
29 statement filed by such other candidate pursuant to the provisions of
30 this section. A committee authorized by such a candidate may fulfill all
31 of the filing requirements of this act on behalf of such candidate.
32 § 12. The election law is amended by adding a new section 14-105 to
33 read as follows:
34 § 14-105. Local campaign finance disclosure. 1. In the city of New
35 York all the provisions of local law and any amendments thereto relating
36 to the reporting of campaign finance information on behalf of certain
37 candidates for the offices of mayor, public advocate, comptroller, and
38 borough president, shall apply to every candidate for any such office
39 and to every political committee that directly or indirectly aids or
40 takes part in a campaign for nomination or election of any candidate for
41 any such office.
42 2. Any candidate or political committee that is required to file a
43 statement or report with the board of elections in the city of New York,
44 pursuant to this article or regulations adopted pursuant thereto by the
45 state board of elections, shall also file, in accordance with subdivi-
46 sion one of this section, the statements and reports required by the
47 city agency responsible for executing and enforcing such local law, and
48 such city agency shall have the power to audit and examine the state-
49 ments and records of such candidates and political committees for the
50 purpose of verifying the completeness and accuracy of such statements
51 and reports. No candidate or political committee required to file a
52 statement or report with the board of elections in such city shall be
53 exempt from the additional filing requirements of this section, unless
54 the statement or report filed with the board of elections includes a
55 written statement, sworn to or affirmed by the candidate, that such
56 candidate is not a candidate for nomination or election to an office
S. 5257--A 17
1 enumerated in subdivision one of this section or, sworn to or affirmed
2 by the committee treasurer, that such committee is not directly or indi-
3 rectly aiding or taking part in any campaign of a candidate for any such
4 office. The city agency responsible for executing and enforcing such
5 local law shall promulgate such regulations as are necessary and appro-
6 priate for implementing the requirements of this section.
7 3. In addition to such penalties as may otherwise be provided by this
8 chapter or local law, any person who fails to file timely a legible,
9 true, and complete statement or report required by this section to be
10 filed with the city agency responsible for executing and enforcing the
11 local law described in subdivision one of this section, shall be subject
12 to a civil penalty in an amount not in excess of one hundred dollars, to
13 be recoverable in a special proceeding or civil action to be brought by
14 the city agency.
15 4. For purposes of this section, a political committee shall not be
16 subject to the filing requirements described in this section solely
17 because such committee makes a contribution to a candidate or another
18 political committee.
19 § 13. Section 14-106 of the election law is REPEALED and a new section
20 14-106 is added to read as follows:
21 § 14-106. Identification of the source of certain political communi-
22 cations. 1. Whenever any person makes an expenditure for the purpose of
23 financing, or otherwise publishes or distributes, communications
24 expressly advocating the election or defeat of a clearly identified
25 candidate or the approval or disapproval of a ballot proposal, such
26 communication:
27 (a) if paid for and authorized by a candidate, an authorized political
28 committee of a candidate, or its agents, shall clearly state that the
29 communication has been paid for by such candidate, authorized political
30 committee, or agent; or
31 (b) if paid for by other persons but authorized by a candidate, an
32 authorized political committee of a candidate, or its agents, shall
33 clearly state that the communication is paid for by such other persons
34 and authorized by such candidate, authorized political committee, or
35 agent; or
36 (c) if not authorized by a candidate, an authorized political commit-
37 tee of a candidate, or its agents, shall clearly state the name of the
38 person who paid for, or otherwise published or distributed, the communi-
39 cation and state that the communication is not authorized by any candi-
40 date or candidate's committee.
41 2. For purposes of this section, the following terms shall have the
42 following meanings:
43 (a) The term "clearly identified" means that:
44 (1) the name of the candidate involved appears;
45 (2) a photograph or drawing of the candidate appears; or
46 (3) the identity of the candidate is apparent by unambiguous refer-
47 ence.
48 (b) The term "communication" includes any advertisements, pamphlets,
49 circulars, flyers, brochures, letterheads, or other printed matter, and
50 radio or television broadcasts.
51 (c) The term "person" includes an individual, partnership, committee,
52 association, corporation, labor organization, or any other organization
53 or group of persons.
54 3. A violation of the provisions of this section shall constitute a
55 misdemeanor.
S. 5257--A 18
1 § 14. Subdivision 6 of section 14-108 of the election law, as amended
2 by chapter 323 of the laws of 1977 and as redesignated by chapter 9 of
3 the laws of 1978, is amended to read as follows:
4 6. A statement shall be deemed properly filed when deposited in an
5 established post-office within the prescribed time, duly stamped, certi-
6 fied and directed to the officer with whom or to the board with which
7 the statement is required to be filed, but in the event it is not
8 received, a duplicate of such statement shall be promptly filed upon
9 notice by such officer or such board of its non-receipt. All statements
10 required to be filed during the period of fifteen days before any
11 election, which are mailed, shall be sent by express mail.
12 § 15. Section 14-112 of the election law, as amended by chapter 930 of
13 the laws of 1981, is amended to read as follows:
14 § 14-112. Political committee authorization statement. Any political
15 committee aiding or taking part in the election or nomination of any
16 candidate, other than by making contributions, shall file, in the office
17 in which the statements of such committee are to be filed pursuant to
18 this article, either a sworn verified statement by the treasurer of such
19 committee and the candidate that [the] such candidate has authorized the
20 political committee to aid or take part in his election or a sworn veri-
21 fied statement by the treasurer of such committee that the candidate has
22 not authorized the committee to aid or take part in his election. No
23 candidate may authorize more than one committee for any one election. A
24 multi-candidate committee may not be an authorized committee.
25 § 16. Paragraph b of subdivision 1 of section 14-114 of the election
26 law, as amended by chapter 659 of the laws of 1994, is amended to read
27 as follows:
28 b. [In] Except as otherwise provided in subdivision nine of this
29 section, in any other election for party position or for election to a
30 public office or for nomination for any such office, no contributor may
31 make a contribution to any candidate or political committee and no
32 candidate or political committee may accept any contribution from any
33 contributor, which is in the aggregate amount greater than: (i) in the
34 case of any election for party position, or for nomination to public
35 office, the product of the total number of enrolled voters in the candi-
36 date's party in the district in which he is a candidate, excluding
37 voters in inactive status, multiplied by $.05, and (ii) in the case of
38 any election for a public office, the product of the total number of
39 registered voters in the district, excluding voters in inactive status,
40 multiplied by $.05, [however in the case of a nomination within the city
41 of New York for the office of mayor, public advocate or comptroller,
42 such amount shall be not less than four thousand dollars nor more than
43 twelve thousand dollars as increased or decreased by the cost of living
44 adjustment described in paragraph c of this subdivision; in the case of
45 an election within the city of New York for the office of mayor, public
46 advocate or comptroller, twenty-five thousand dollars as increased or
47 decreased by the cost of living adjustment described in paragraph c of
48 this subdivision; in the case of a nomination for state senator, four
49 thousand dollars as increased or decreased by the cost of living adjust-
50 ment described in paragraph c of this subdivision;] or in the case of an
51 election for state senator, six thousand two hundred fifty dollars as
52 increased or decreased by the cost of living adjustment described in
53 paragraph c of this subdivision; in the case of an election or nomi-
54 nation for a member of the assembly, twenty-five hundred dollars as
55 increased or decreased by the cost of living adjustment described in
56 paragraph c of this subdivision; but in no event shall any such maximum
S. 5257--A 19
1 exceed fifty thousand dollars or be less than one thousand dollars;
2 provided however, that the maximum amount which may be so contributed or
3 accepted, in the aggregate, from any candidate's child, parent, grand-
4 parent, brother and sister, and the spouse of any such persons, shall
5 not exceed in the case of any election for party position or nomination
6 for public office an amount equivalent to the number of enrolled voters
7 in the candidate's party in the district in which he is a candidate,
8 excluding voters in inactive status, multiplied by $.25 and in the case
9 of any election to public office, an amount equivalent to the number of
10 registered voters in the district, excluding voters in inactive status,
11 multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
12 er, or in the case of a nomination or election of a state senator, twen-
13 ty thousand dollars, whichever is greater, or in the case of a nomi-
14 nation or election of a member of the assembly twelve thousand five
15 hundred dollars, whichever is greater, but in no event shall any such
16 maximum exceed one hundred thousand dollars.
17 § 17. Subdivision 1 of section 14-114 of the election law, as amended
18 by chapter 79 of the laws of 1992, paragraph a as amended by chapter 659
19 of the laws of 1994 and paragraph b as amended by section sixteen of
20 this act, is amended to read as follows:
21 1. [The] Except for the specific limitations set forth in section
22 14-208 of this article with respect to candidates for those public
23 offices for which public funds are available pursuant to title II of
24 this article, the following limitations apply to all contributions to
25 candidates for election to any public office or for nomination for any
26 such office, or for election to any party positions, and to all contrib-
27 utions to political committees working directly or indirectly with any
28 candidate to aid or participate in such candidate's nomination or
29 election[, other than any contributions to any party committee or
30 constituted committee:].
31 a. [In any election for a public office to be voted on by the voters
32 of the entire state, or for nomination to any such office, no contribu-
33 tor may make a contribution to any candidate or political committee, and
34 no candidate or political committee may accept any contribution from any
35 contributor, which is in the aggregate amount greater than: (i) in the
36 case of any nomination to public office, the product of the total number
37 of enrolled voters in the candidate's party in the state, excluding
38 voters in inactive status, multiplied by $.005, but such amount shall be
39 not less than four thousand dollars nor more than twelve thousand
40 dollars as increased or decreased by the cost of living adjustment
41 described in paragraph c of this subdivision, and (ii) in the case of
42 any election to a public office, twenty-five thousand dollars as
43 increased or decreased by the cost of living adjustment described in
44 paragraph c of this subdivision; provided however, that the maximum
45 amount which may be so contributed or accepted, in the aggregate, from
46 any candidate's child, parent, grandparent, brother and sister, and the
47 spouse of any such persons, shall not exceed in the case of any nomi-
48 nation to public office an amount equivalent to the product of the
49 number of enrolled voters in the candidate's party in the state, exclud-
50 ing voters in inactive status, multiplied by $.025, and in the case of
51 any election for a public office, an amount equivalent to the product of
52 the number of registered voters in the state excluding voters in inac-
53 tive status, multiplied by $.025.
54 b.] Except as otherwise provided in subdivision nine of this section,
55 in any [other] election for party position or for election to a public
56 office or for nomination for any such office, other than a statewide
S. 5257--A 20
1 office, no contributor may make a contribution to any candidate or
2 [political] authorized committee and no candidate or [political] author-
3 ized committee may accept any contribution from any contributor, which
4 is in the aggregate amount greater than: (i) in the case of any election
5 for party position, or for nomination to public office, the product of
6 the total number of enrolled voters in the candidate's party in the
7 district in which he is a candidate, excluding voters in inactive
8 status, multiplied by $.05, and (ii) in the case of any election for a
9 public office, the product of the total number of registered voters in
10 the district, excluding voters in inactive status, multiplied by $.05,
11 [or in the case of an election for state senator, six thousand two
12 hundred fifty dollars as increased or decreased by the cost of living
13 adjustment described in paragraph c of this subdivision; in the case of
14 an election or nomination for a member of the assembly, twenty-five
15 hundred dollars as increased or decreased by the cost of living adjust-
16 ment described in paragraph c of this subdivision;] but in no event
17 shall any such maximum exceed [fifty] five thousand dollars or be less
18 than one thousand dollars[; provided however, that the maximum amount
19 which may be so contributed or accepted, in the aggregate, from any
20 candidate's child, parent, grandparent, brother and sister, and the
21 spouse of any such persons, shall not exceed in the case of any election
22 for party position or nomination for public office an amount equivalent
23 to the number of enrolled voters in the candidate's party in the
24 district in which he is a candidate, excluding voters in inactive
25 status, multiplied by $.25 and in the case of any election to public
26 office, an amount equivalent to the number of registered voters in the
27 district, excluding voters in inactive status, multiplied by $.25; or
28 twelve hundred fifty dollars, whichever is greater, or in the case of a
29 nomination or election of a state senator, twenty thousand dollars,
30 whichever is greater, or in the case of a nomination or election of a
31 member of the assembly twelve thousand five hundred dollars, whichever
32 is greater, but in no event shall any such maximum exceed one hundred
33 thousand dollars].
34 b. No contributor may make a contribution to a multi-candidate commit-
35 tee or to a political committee, other than a party, constituted or
36 authorized committee, and no such committee may accept any contribution
37 from any contributor which, in the aggregate, is greater than two thou-
38 sand dollars per annum.
39 c. [At the beginning of each fourth calendar year, commencing in nine-
40 teen hundred ninety-five, the state board shall determine the percent-
41 age of the difference between the most recent available monthly consumer
42 price index for all urban consumers published by the United States
43 bureau of labor statistics and such consumer price index published for
44 the same month four years previously. The amount of each contribution
45 limit fixed in this subdivision shall be adjusted by the amount of such
46 percentage difference to the closest one hundred dollars by the state
47 board which, not later than the first day of February in each such year,
48 shall issue a regulation publishing the amount of each such contribution
49 limit. Each contribution limit as so adjusted shall be the contribution
50 limit in effect for any election held before the next such adjustment]
51 No contributor may make a contribution to a party or constituted commit-
52 tee and no such committee may accept a contribution from any contributor
53 which, in the aggregate is greater than seven thousand five hundred
54 dollars per annum.
55 § 18. Subdivision 3 of section 14-114 of the election law is REPEALED.
S. 5257--A 21
1 § 19. Subdivisions 4 and 8 of section 14-114 of the election law, as
2 amended by chapter 8 of the laws of 1978 and as redesignated by chapter
3 9 of the laws of 1978, are amended to read as follows:
4 4. For purposes of this section, a portion of every contribution to a
5 party or constituted committee, expended as other than non-candidate
6 expenditures, and a portion of every contribution to a political commit-
7 tee authorized to support more than one candidate, shall be deemed
8 contributed to every candidate supported by such committee. That portion
9 shall be determined by allocating the contributions received by the
10 committee among all the candidates supported by the committee in accord-
11 ance with any formula based upon reasonable standards established by the
12 committee. The statements filed by such committee in accordance with
13 this article shall set forth, in addition to the other information
14 required to be set forth, the total amount received by the committee
15 from each contributor on behalf of all such candidates and the amount of
16 each such contribution allocated to each candidate by dollar amount and
17 percentage. Nothing in this subdivision shall require allocating
18 contributions expended on non-candidate expenditures to candidates.
19 8. Except as may otherwise be provided for a candidate [and his fami-
20 ly], no [person] contributor, except a party, constituted or multi-can-
21 didate committee, may contribute, loan or guarantee in excess of [one
22 hundred] fifty thousand dollars within the state in connection with the
23 nomination or election of persons to state and local public offices and
24 party positions within the state of New York in any one calendar year.
25 For the purposes of this subdivision "loan" or "guarantee" shall mean a
26 loan or guarantee which is not repaid or discharged in the calendar year
27 in which it is made.
28 § 20. Section 14-114 of the election law is amended by adding a new
29 subdivision 9 to read as follows:
30 9. a. In the city of New York, a contribution limitation established
31 by local law for certain candidates for the offices of mayor, public
32 advocate, comptroller, or borough president in such city, shall apply to
33 contributions to every candidate for such office, so that no contributor
34 may make a contribution to any candidate for such office or to any poli-
35 tical committee working directly or indirectly with any candidate for
36 any such office to aid or participate in such candidate's nomination or
37 election, and no such candidate or political committee may accept any
38 contribution from any contributor, which is in the aggregate amount,
39 greater than the amount of the contribution limitation applicable to
40 certain candidates for such offices pursuant to such local law. In addi-
41 tion to such penalties as may be provided by provisions of this chapter
42 or local law, any violation of the contribution limitation made applica-
43 ble pursuant to this paragraph shall be subject to the penalties
44 provided in paragraph b of this subdivision.
45 b. In addition to such penalties as may otherwise be provided by this
46 chapter or local law, any person who knowingly and willfully contrib-
47 utes, accepts or aids or participates in the acceptance of a contrib-
48 ution in an amount exceeding the contribution limitation made applicable
49 by paragraph a of this subdivision or any person who knowingly and will-
50 fully violates any other provision of this subdivision shall be guilty
51 of a class A misdemeanor.
52 c. For purposes of this subdivision, a political committee shall not
53 be deemed to be aiding or taking part in the campaign for nomination or
54 election of a candidate for any of the offices enumerated in paragraph a
55 of this subdivision solely because such committee makes a contribution
S. 5257--A 22
1 or transfer to such a candidate or to a committee that aids or takes
2 part in the campaign for nomination or election of such a candidate.
3 § 21. Subdivision 10 of section 14-114 of the election law is
4 REPEALED.
5 § 22. Subdivision 2 of section 14-116 of the election law, as amended
6 by chapter 260 of the laws of 1981, is amended to read as follows:
7 2. Notwithstanding the provisions of subdivision one of this section,
8 any corporation or an organization financially supported in whole or in
9 part, by such corporation may make expenditures, including contrib-
10 utions, not otherwise prohibited by law, for political purposes, in an
11 amount not to exceed five thousand dollars in the aggregate in any
12 calendar year; provided that no public utility shall use revenues
13 received from the rendition of public service within the state for
14 contributions for political purposes unless such cost is charged to the
15 shareholders of such a public service corporation. For the purposes of
16 this subdivision, all the component members of a controlled group of
17 corporations within the meaning of section one thousand five hundred
18 sixty-three of the Internal Revenue Code of the United States shall be
19 deemed to be one corporation.
20 § 23. Subdivision 1 of section 14-118 of the election law, as amended
21 by chapter 70 of the laws of 1983, is amended to read as follows:
22 1. Every political committee shall have a treasurer and a depository,
23 and shall cause the treasurer to keep detailed, bound accounts of all
24 receipts, transfers, loans, liabilities, contributions and expenditures,
25 made by the committee or any of its officers, members or agents acting
26 under its authority or in its behalf. All such accounts shall be
27 retained by a treasurer for a period of five years from the date of the
28 filing of the final statement with respect to the election, primary
29 election or convention to which they pertain. No officer, member or
30 agent of any political committee shall receive any receipt, transfer or
31 contribution, or make any expenditure or incur any liability until the
32 committee shall have chosen a treasurer and depository and filed their
33 names in accordance with this subdivision. There shall be filed in the
34 office in which the committee is required to file its statements under
35 section 14-110 of this article, within five days after the choice of a
36 treasurer and depository, a statement giving the name and address of the
37 treasurer chosen, the name and address of any person authorized to sign
38 checks by such treasurer, the name and address of the depository chosen
39 and the candidate or candidates or ballot proposal or proposals the
40 success or defeat of which the committee is to aid or take part;
41 provided, however, that such statement shall not be required of a
42 constituted committee and provided further that a political committee
43 which makes no expenditures, to aid or take part in the election or
44 defeat of a candidate, other than in the form of contributions, shall
45 not be required to list the candidates being supported or opposed by
46 such committee. Such a statement from any committee other than a party
47 or authorized committee also shall clearly identify the economic or
48 other special interest, if identifiable, of a majority of its contribu-
49 tors, and if a majority of its contributors share a common employer,
50 shall identify the employer. If the economic or other special interest
51 or common employer are not identifiable, such statement of a multi-can-
52 didate committee shall clearly identify the economic or other special
53 interest, if identifiable, of a majority of its organizers, and if a
54 majority of its organizers share a common employer, shall identify the
55 employer, and if organized, controlled or maintained by an individual,
56 shall identify that individual. Such statement shall be signed by the
S. 5257--A 23
1 treasurer and all other persons authorized to sign checks. Any change in
2 the information required in any statement shall be reported, in an
3 amended statement filed in the same manner and in the same office as an
4 original statement filed under this section, within two days after it
5 occurs. Only a banking organization authorized to do business in this
6 state may be designated a depository hereunder.
7 § 24. Subdivisions 3 and 4 of section 14-124 of the election law,
8 subdivision 3 as amended by chapter 71 of the laws of 1988 and subdivi-
9 sion 4 as amended by chapter 70 of the laws of 1983, are amended to read
10 as follows:
11 3. The contribution and receipt limits of section 14-114 of this arti-
12 cle shall not apply to monies received and expenditures made by a party
13 committee or constituted committee to maintain a permanent headquarters
14 and staff and carry on ordinary activities which are not for the express
15 purpose of promoting the candidacy of specific candidates.
16 4. No candidate and no political committee taking part solely in his
17 campaign and authorized to do so by him in accordance with this article
18 and no committee involved solely in promoting the success or defeat of a
19 ballot proposal shall be required to file a statement required by
20 sections 14-102 and 14-104 of this article if at the close of the
21 reporting period for which such statement would be required neither the
22 aggregate receipts nor the aggregate expenditures by and on behalf of
23 such candidate or to promote the success or defeat of such proposal, by
24 such candidate or such political committee or committees exceed [one]
25 two thousand dollars and such candidate or such committee files, on the
26 filing date otherwise provided, a statement, sworn or subscribed and
27 bearing a form notice that false statements made therein are punishable
28 as a class A misdemeanor pursuant to section 210.45 of the penal law,
29 stating that each of such aggregate receipts and aggregate expenditures
30 does not exceed [one] two thousand dollars.
31 § 25. Subdivision 1 of section 14-126 of the election law, as amended
32 by chapter 128 of the laws of 1994, is amended to read as follows:
33 1. a. Any committee which fails to file within the time required, any
34 statement of receipts and expenditures required by this article to be
35 filed within forty-five days of an election shall be subject to a civil
36 penalty of twenty-five dollars per day for each day between the day each
37 such statement was required to be filed and the day of such election or
38 the day such statement is filed, whichever is earlier, multiplied by a
39 number obtained by dividing the total amount of money received or money
40 expended by such committee, whichever is greater, by ten thousand. If
41 any such committee defaults on paying any such penalty, such penalty
42 shall be assessed against the candidate or candidates who authorized
43 such committee or if such committee is not an authorized committee
44 against the treasurer thereof.
45 b. Any person who fails to file within the time required, a report of
46 a contribution in excess of one thousand dollars received after the
47 filing of the last report required to be filed before an election shall
48 be subject to a civil penalty of twenty-five dollars per day for each
49 day between the day each such statement was required to be filed and the
50 day of such election or the day such statement is filed, whichever is
51 earlier, multiplied by the number of such contributions which were
52 required to be so reported in each statement.
53 c. Any person who [fails to file a statement required to be filed by]
54 violates any other provision of this article shall be subject to a civil
55 penalty, not in excess of [five hundred] one thousand dollars[, to] for
S. 5257--A 24
1 a first offense and not in excess of five thousand dollars for any
2 subsequent offense.
3 d. Such penalties shall be recoverable in a special proceeding or
4 civil action to be brought by the state board of elections or other
5 board of elections pursuant to subdivision four of section 3-104 of this
6 chapter.
7 § 26. The election law is amended by adding a new section 16-103 to
8 read as follows:
9 § 16-103. Proceedings as to public financing. 1. The determination of
10 eligibility pursuant to section 14-202 of this chapter and any question
11 or issue relating to payments for qualified campaign expenditures pursu-
12 ant to section 14-206 of this chapter may be contested in a proceeding
13 instituted in the supreme court, Albany county, by any aggrieved candi-
14 date.
15 2. A proceeding with respect to such a determination of eligibility or
16 payment for qualified campaign expenditures pursuant to section 14-206
17 of this chapter shall be instituted within seven days after such deter-
18 mination was made. The state board shall be made a party to any such
19 proceeding.
20 3. The state board is authorized to institute a special proceeding or
21 civil action in supreme court, Albany county, to seek recovery of any
22 amounts determined to be payable to the state board as a result of an
23 examination and audit made pursuant to titles II and III of article
24 fourteen of this chapter.
25 § 27. The election law is amended by adding a new section 4-113 to
26 read as follows:
27 § 4-113. Notice to the state board of elections of candidates for the
28 legislature. 1. Each board of elections with which are filed petitions
29 designating candidates for member of the legislature shall, not later
30 than one week after the last day to file such petitions, send notice to
31 the state board of elections of such information about each such peti-
32 tion as the state board shall require.
33 2. Each such county board of elections shall, not later than the day
34 after the last day to file a petition or certificate of nomination for a
35 general or special election or a certificate of acceptance, declination
36 or substitution for a general, primary or special election for any such
37 office, send to the state board of elections such information about each
38 such petition or certificate as the state board shall require.
39 3. If any such county board of elections should disqualify any such
40 candidate or rule the petition or certificate designating or nominating
41 any such candidate invalid, it shall forthwith notify the state board of
42 elections of such decision.
43 4. If any such county board of elections shall be notified of a deci-
44 sion of a court of competent jurisdiction disqualifying any such candi-
45 date or declaring any such petition invalid or reversing any such deci-
46 sion by such board of elections or another court, such board of
47 elections shall forthwith notify the state board of elections of such
48 decision.
49 5. The state board of elections may prescribe forms for the notices
50 required by this section and shall prescribe the manner in which such
51 notices shall be given.
52 § 28. The state finance law is amended by adding a new section 92-y to
53 read as follows:
54 § 92-y. New York state election campaign fund. 1. There is hereby
55 established in the joint custody of the state comptroller and the
S. 5257--A 25
1 commissioner of taxation and finance a fund to be known as the New York
2 state election campaign fund.
3 2. Such fund shall consist of all revenues received from the New York
4 state election campaign fund check-off pursuant to subsection (f) of
5 section six hundred fifty-eight of the tax law, from the general fund,
6 and from all other moneys credited or transferred thereto from any other
7 fund or source pursuant to law.
8 3. Moneys of the fund, following appropriation by the legislature, may
9 be expended for the purposes of making payments to candidates pursuant
10 to title II of article fourteen of the election law. Moneys shall be
11 paid out of the fund on the audit and warrant of the state comptroller
12 on vouchers certified or approved by the state board of elections, or
13 its duly designated representative, in the manner prescribed by law, not
14 more than four working days after such voucher is received by the state
15 comptroller.
16 4. Notwithstanding any provision of law to the contrary, if, in any
17 state fiscal year, the state election campaign fund lacks the amount of
18 money to pay all claims vouchered by eligible candidates and certified
19 or approved by the state board of elections, any such deficiency shall
20 be paid, upon audit and warrant of the comptroller, from funds deposited
21 in the general fund of the state not more than four working days after
22 such voucher is received by the comptroller.
23 5. Commencing in two thousand three, if the surplus in the fund on
24 April first of the year after a year in which a governor is elected
25 exceeds twenty-five percent of the disbursements from the fund over the
26 previous four years, the excess shall revert to the general fund of the
27 state.
28 6. No moneys shall be paid to candidates in a primary election any
29 earlier than two weeks after the last day to file designating petitions
30 for such primary election.
31 7. No moneys shall be paid to candidates in a general election any
32 earlier than the day after the day of the primary election held to nomi-
33 nate candidates for such election.
34 8. No moneys shall be paid to candidates in a special election any
35 earlier than the day after the last day to file certificates of party
36 nomination for such special election.
37 9. No moneys shall be paid to any candidate who has been disqualified
38 or whose designating petitions have been declared invalid by the appro-
39 priate board of elections or a court of competent jurisdiction until and
40 unless such finding is reversed by a higher authority. No payment from
41 the fund in the possession of such a candidate or such candidate's
42 authorized committee on the date of such disqualification or invali-
43 dation may thereafter be expended for any purpose except the payment of
44 liabilities incurred before such date. All such moneys shall be repaid
45 to the fund.
46 § 29. Section 658 of the tax law is amended by adding a new subsection
47 (f) to read as follows:
48 (f) New York state election campaign fund check-off. (1) For each
49 taxable year beginning on and after January first, two thousand, every
50 individual whose New York state income tax liability for the taxable
51 year for which the return is filed is three dollars or more may desig-
52 nate on such return that three dollars be paid into the New York state
53 election campaign fund established by section ninety-two-y of the state
54 finance law. Where a husband and wife file a joint return and have a New
55 York state income tax liability for the taxable year for which the
56 return is filed of six dollars or more, or file separate returns on a
S. 5257--A 26
1 single form, each such taxpayer may make separate designations on such
2 return of three dollars to be paid into the New York state election
3 campaign fund.
4 (2) The commissioner shall transfer to the New York state election
5 campaign fund, established pursuant to section ninety-two-y of the state
6 finance law, an amount equal to three dollars multiplied by the number
7 of designations.
8 (3) For purposes of this subsection, the income tax liability of an
9 individual for any taxable year is the amount of tax imposed under this
10 article reduced by the sum of the credits (as shown in his or her
11 return) allowable under this article.
12 (4) The department shall include a place on every personal income tax
13 return form to be filed by an individual for a tax year beginning on or
14 after January first, two thousand, immediately above the certification
15 under which the taxpayer is required to sign such form, for such taxpay-
16 er to make the designations described in paragraph one of this
17 subsection. Such return form shall contain a concise explanation of the
18 purpose of such optional designations.
19 (5) At the beginning of the calendar year two thousand seven and each
20 fourth calendar year thereafter, the commissioner shall determine the
21 percentage difference between the most recent available monthly consumer
22 price index for all urban consumers published by the United States
23 bureau of labor statistics and such consumer price index published for
24 the same month four years previously. The commissioner shall adjust the
25 amount which may be designated by each taxpayer pursuant to this
26 subsection by the amount of such percentage difference to the closest
27 fifty cents.
28 § 30. Section 1-c of the legislative law is amended by adding six new
29 subdivisions (m), (n), (o), (p), (q) and (r) to read as follows:
30 (m) The term "fundraiser" shall mean an event or function at which or
31 in connection with which funds are solicited for or on behalf of (i) a
32 governor, lieutenant governor, comptroller, attorney general, member or
33 members of the state legislature, or a candidate for any of the forego-
34 ing offices; (ii) a political committee organized to support or oppose
35 the election of any such person or persons; (iii) a political action
36 committee formed by or on behalf of any such person or persons; (iv) a
37 state committee or a subcommittee of such state committee provided that
38 the term "fundraiser" when applied to an event or function held by a
39 state committee or subcommittee thereof shall not include such an event
40 or function at which funds are raised exclusively to support or oppose a
41 candidate or candidates for federal elective office, or a political
42 committee authorized by such a candidate or candidates, where such funds
43 are not used for any other purpose; or (v) any lobbyist or client poli-
44 tical action committee, where such an event or function is held for the
45 explicit purpose of raising funds for or on behalf of any of the forego-
46 ing entities.
47 (n) The term "candidate" shall mean a candidate as defined by subdivi-
48 sion seven of section 14-100 of the election law.
49 (o) The term "state committee" shall have the same meaning as provided
50 by the provisions of the election law.
51 (p) The term "political committee" shall have the same meaning as
52 provided by subdivision one of section 14-100 of the election law.
53 (q) The term "lobbyist or client political action committee" shall
54 mean a political action committee organized to support the activities of
55 a lobbyist or client provided, however, that the term "lobbyist or
56 client political action committee" as used in this article, shall not
S. 5257--A 27
1 include a fundraising event or function hosted by such a committee to
2 raise funds for the committee's general use where such an event or func-
3 tion is not targeted to benefit any of the specific persons or entities
4 described in subdivision (m) of this section.
5 (r) The term "legislative session" shall mean the period beginning on
6 the Wednesday succeeding the first Monday of January and ending on the
7 later of (i) the thirtieth day of June or (ii) two weeks after the day
8 on which the legislature has taken final action on all of the appropri-
9 ation bills submitted by the governor pursuant to article seven of the
10 state constitution, thereby enacting a state budget that provides suffi-
11 cient appropriation authority for the ongoing operation and support of
12 state government and local assistance for the ensuing fiscal year.
13 § 31. The legislative law is amended by adding a new section 1-m-1 to
14 read as follows:
15 § 1-m-1. Participation in fundraisers during a legislative session.
16 (a) Except as otherwise provided in this section, no person or entity
17 shall hold, participate in, contribute to, purchase a ticket for, or
18 attend any fundraiser within forty miles of the New York state capitol
19 during the legislative session.
20 (b) This section shall not apply to fundraisers within the district of
21 members of the legislature or candidates therefor whose districts are
22 located in whole or in part within forty miles of the New York state
23 capitol, provided, however that such fundraisers shall be solely for the
24 benefit of the legislator or the candidate or the authorized political
25 committee of such legislator or candidate and no other elected official,
26 political committee or candidate for elected office and further provided
27 that such fundraisers shall not be held on any day when a quorum of
28 either house of the legislature is in attendance of a session of their
29 respective house.
30 § 32. Subdivisions (a) and (b) of section 1-n of the legislative law,
31 as added by chapter 2 of the laws of 1999, is amended to read as
32 follows:
33 (a) (i) Any lobbyist, public corporation, or client who knowingly and
34 wilfully fails to file timely a report or statement required by this
35 article or knowingly and wilfully files false information or knowingly
36 and wilfully violates section one-m or one-m-one of this article shall
37 be guilty of a class A misdemeanor; and (ii) any lobbyist, public corpo-
38 ration, or client who knowingly and wilfully fails to file timely a
39 report or statement required by this article or knowingly and wilfully
40 files false information or knowingly and wilfully violates section one-m
41 or one-m-one of this article, after having previously been convicted in
42 the preceding five years of the crime described in paragraph (i) of this
43 subdivision, shall be guilty of a class E felony. For the purposes of
44 this subdivision, the chief administrative officer of any organization
45 required to file a statement or report shall be the person responsible
46 for making and filing such statement or report unless some other person
47 prior to the due date thereof has been duly designated to make and file
48 such statement or report.
49 (b) A lobbyist, public corporation, or client who knowingly and
50 wilfully fails to file a statement or report within the time required
51 for the filing of such report or knowingly and wilfully violates section
52 one-m or one-m-one of this article shall be subject to a civil penalty,
53 in an amount not to exceed twenty-five thousand dollars, to be assessed
54 by the commission. Such assessment may only be imposed after the
55 commission sends by certified and first-class mail written notice of the
56 intent to assess a penalty and the basis for the penalty. The amount of
S. 5257--A 28
1 such assessment shall be determined only after a hearing at which the
2 party shall be entitled to appear, present evidence and be heard. Such
3 assessment may be recovered in an action brought by the attorney gener-
4 al.
5 § 33. Subdivision 3 of section 14-126 of the election law, as amended
6 by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
7 laws of 1978, is amended to read as follows:
8 3. Any person who knowingly and willfully contributes, accepts or aids
9 or participates in the acceptance of a contribution in an amount exceed-
10 ing an applicable maximum specified in this article or who knowingly and
11 willfully violates the provisions of section one-m-one of the legisla-
12 tive law shall be guilty of a misdemeanor.
13 § 34. Campaign finance review panel. 1. There is hereby created and
14 established the "campaign finance review panel". The panel shall consist
15 of the commissioner of taxation and finance, the director of the divi-
16 sion of the budget, the state comptroller and the two members of the
17 state board of elections who rotate as chairman of the board. The
18 commissioner of taxation and finance shall be chairman.
19 2. The panel is empowered and it shall be its duty to monitor and
20 review the implementation of the campaign financing reform act of 2000.
21 The panel shall report to the governor and the legislature on March 31,
22 2002 and on March 31, 2003. The report shall include: (a) the number of
23 candidates qualifying and opting for public financing, the amounts
24 expended for this purpose in the preceding fiscal year and a projection
25 of the number of candidates likely to qualify and opt for public financ-
26 ing and their expenditures in future elections; (b) an analysis of the
27 effect of the campaign financing reform act of 2000 on political
28 campaigns, including its effect on the sources and amounts of private
29 financing, the level of campaign expenditures, voter participation, the
30 number of candidates and the candidate's ability to campaign effectively
31 for public office; (c) a review of the procedures utilized in providing
32 public funds to candidates; and (d) such recommended changes in the
33 campaign financing reform act of 2000 as it deems appropriate.
34 § 35. This act shall take effect immediately, except:
35 a. The provisions of title II of article 14 of the election law, as
36 added by section five of this act, and the amendments to subdivision 11
37 of section 14-100 of the election law made by section nine of this act,
38 shall first apply in elections held for state legislative offices in
39 2002, shall first apply in elections held for statewide offices in 2002,
40 shall apply to the first election for delegates to a state constitu-
41 tional convention held after the effective date of this act, and there-
42 after shall apply in elections for all such offices; provided further
43 and except that:
44 The amendments to subdivision 1 of section 14-114 of the election law
45 made by section seventeen of this act, sections eighteen and twenty-one
46 of this act, and section 4-113 of the election law, as added by section
47 twenty-seven of this act, shall take effect December 1, 2000.
48 b. Section 14-105 of the election law, as added by section twelve of
49 this act, shall take effect June 1, 2001.
50 c. The amendment to section 14-104 of the election law made by section
51 eleven of this act shall take effect December 1, 2000.
52 d. Section 14-106 of the election law, as added by section thirteen of
53 this act, shall take effect on the first day of January next succeeding
54 the date on which this act shall have become a law, provided however,
55 that effective immediately, the addition, amendment and/or repeal of any
56 rules or regulations necessary for the implementation of such section
S. 5257--A 29
1 14-106 on its effective date is authorized and directed to be made and
2 completed on or before such effective date.
3 e. The amendment to section 1-c of the legislative law made by section
4 thirty of this act shall not affect the repeal of such section and shall
5 be deemed repealed therewith.
6 f. The amendments to sections 1-m-l and 1-n of the legislative law
7 made by sections thirty-one and thirty-two of this act shall be repealed
8 on the same date as article 1-A of the legislative law as provided by
9 chapter 2 of the laws of 1999.
