STATE OF NEW YORK
________________________________________________________________________
5814--A
2009-2010 Regular Sessions
IN SENATE
June 8, 2009
___________
Introduced by Sens. SMITH, ADDABBO -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules -- recom-
mitted to the Committee 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 violations and penal-
ties for campaign finance and the enforcement thereof; to amend the
election law, in relation to the creation of the advisory committee
for the state board of elections; to amend the executive law, in
relation to the powers of the attorney general to enforce the
provisions of the election law; and to repeal certain provisions of
the election law relating to enforcement (Part A); to amend the
election law, in relation to voluntary clean election campaign
finance; to amend the tax law, in relation to the clean election
campaign finance fund; and to amend the election law, in relation to
the state campaign finance board (Part B)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and declarations. The legislature
2 finds and declares that the current system of privately financed
3 campaigns diminishes the meaning of the right to vote by allowing large
4 contributions to have deleterious influence on the political process. As
5 the United States Supreme Court found in Buckley v. Valeo, states have a
6 compelling governmental interest "to reduce the deleterious effect of
7 large contributions on our political process" and thereby to redress the
8 appearance or reality of favoritism or corruption in public office. The
9 legislature finds and declares that such deleterious effects arise in
10 insidious ways, including but not limited to the creation of the appear-
11 ance if not reality that donors of large campaign contributions have
12 disproportionate access to and influence on the legislative process and
13 that recipients of such moneys have or appear to have conflicts of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11996-04-0
S. 5814--A 2
1 interest in the discharge of their public duties. These effects, in
2 turn, directly and substantially undermine public confidence in the
3 legislative process in this state and discourage meaningful partic-
4 ipation therein, thereby eroding the very foundation of democracy in New
5 York state. The legislature further finds and declares that the current
6 system creates high barriers to entry into the political process by
7 making it unduly difficult for qualified candidates without personal
8 fortunes or unfettered access to large contributors to mount effective
9 campaigns for public office, thereby inhibiting the free exchange of
10 ideas that is the core of a healthy democracy.
11 For the foregoing reasons, the legislature finds and declares that
12 establishing a voluntary clean election campaign finance system would
13 enhance democracy and restore public confidence in the electoral proc-
14 ess. Such a system would reduce the deleterious influence of large
15 campaign contributions, diminishing the extent to which a person's
16 wealth or other access to capital shapes if not determines that person's
17 effective capacity to seek elective office or shape the political proc-
18 ess. This result, in turn, would help restore the appearance and reality
19 of equality before the law, the principle of "one person, one vote" on
20 which our democracy is built. This system also would restore the vital-
21 ity of New York's marketplace of ideas by encouraging more fair and
22 effective communication between candidates and voters.
23 The legislature further finds and declares that to best achieve these
24 outcomes and restore public confidence in the effective operation of
25 government, it is necessary that candidates for public office conduct
26 their election campaigns with utmost transparency and accountability to
27 reduce the appearance or reality of favoritism and corruption in public
28 office. Historically lax enforcement of such campaign finance laws as
29 exist, and the potential extension of such lax enforcement to the new
30 system of voluntary public finance that this bill would create, warrant
31 little confidence that abuses are or would be effectively deterred,
32 timely detected and properly penalized: to the contrary, the legislature
33 finds and declares that weak enforcement can encourage the very abuses
34 and public distrust that instead must be the public policy of this state
35 to prevent. Likewise, the fragmentation of monitoring and enforcement of
36 related election, ethics and other public integrity matters among the
37 state board of elections, the commission on public integrity, the office
38 of the inspector general and the office of the attorney general, without
39 appropriate collaboration among them, has caused confusion rather than
40 the clear guidance and rigorous enforcement best calculated to maximize
41 compliance and promote public confidence. To help promote and restore
42 public trust and confidence in government, ensure both the reality and
43 perception that all individuals and organizations have a fair and mean-
44 ingful opportunity to participate in government, and enhance transparen-
45 cy so that voters timely can obtain important information regarding the
46 funding and conduct of campaigns, the legislature declares the public
47 policy of this state to promote transparency by enhancing the timeliness
48 and rigor of campaign finance reporting, ensure proper disclosure of the
49 sources of election-season political advertising, enhance the independ-
50 ence, coordination and rigor of campaign finance and related public
51 integrity rulemaking and enforcement, raise civil and criminal penalties
52 for noncompliance to deter and penalize violations, and enhance voter
53 participation in and comprehension of the state election system.
54 § 2. Short title. This act shall be known and may be cited as the "New
55 York state clean election and campaign finance enforcement reform act".
S. 5814--A 3
1 § 3. This act enacts into law major components of legislation which
2 are necessary to implement campaign finance reform. Each component of
3 this act is wholly contained within a Part identified as Parts A and B.
4 The effective date for each particular provision contained within such
5 Part is set forth in the last section of such Part. Any provision in any
6 section contained within a Part, including the effective date of the
7 Part, which makes reference to a section of "this act," when used in
8 connection with that particular component, shall be deemed to mean and
9 refer to the corresponding section of the Part in which it is found.
10 Section five of this act sets forth the general effective date hereof.
11 PART A
12 Section 1. Subdivision 7 of section 3-102 of the election law is
13 REPEALED.
14 § 1-a. Subdivisions 3, 6, and paragraph (e) of subdivision 9-A of
15 section 3-102 of the election law, subdivision 3 as amended and subdivi-
16 sion 6 as redesignated by chapter 9 of the laws of 1978, paragraph (e)
17 of subdivision 9-A as added by chapter 430 of the laws of 1997, are
18 amended to read as follows:
19 3. conduct any investigation necessary to carry out the provisions of
20 this chapter; provided that the office of campaign finance enforcement
21 established pursuant to section 14-132 of this chapter shall conduct any
22 investigation to carry out the provisions of article fourteen or four-
23 teen-A of this chapter on behalf of the state board of elections;
24 6. confer immunity in accordance with the provisions of section 50.20
25 of the criminal procedure law, in any investigation relating to any
26 crime or offense with respect to which, by express provisions of stat-
27 ute, a competent authority is authorized to confer immunity; provided,
28 however, that such immunity shall be conferred only after the attorney
29 general and appropriate district attorney are afforded the opportunity
30 to be heard respecting any objections which either may have to the
31 conferring thereof; and provided, further, that if either the attorney
32 general or any such appropriate district attorney shall object to the
33 conferring of immunity, immunity may be conferred only by unanimous vote
34 of all four commissioners of the state board; and provided further that
35 the office of campaign finance enforcement established pursuant to
36 section 14-132 of this chapter shall investigate or prosecute offenses
37 and collect civil penalties pursuant to article fourteen or fourteen-A
38 of this chapter and, in connection with such investigations, such office
39 shall have the power to confer immunity in the name of the state board
40 of elections subject to the provisions of this subdivision;
41 (e) cause all information contained in such a statement filed with the
42 state board of elections which is not on such electronic reporting
43 system to be entered into such system [as soon as practicable but in no
44 event later than ten business days after its] immediately and forthwith
45 upon receipt by the state board of elections; and
46 § 2. Subdivision 1 of section 3-104 of the election law, as redesig-
47 nated by chapter 9 of the laws of 1978, is amended to read as follows:
48 1. The state board of elections shall have jurisdiction of, and be
49 responsible for, the execution and enforcement of the provisions of
50 [article fourteen of this chapter and other] statutes governing
51 campaigns, elections and related procedures; provided that the state
52 campaign finance board shall have the power and duty to execute the
53 provisions of article fourteen-A of this chapter, and the office of
54 campaign finance enforcement shall have the power and duty to enforce
S. 5814--A 4
1 the provisions of article fourteen and fourteen-A of this chapter, in
2 the name of the state board of elections.
3 § 3. The election law is amended by adding a new section 3-201 to read
4 as follows:
5 § 3-201. Advisory committee for the state board of elections. 1.
6 There shall be an advisory committee for the state board of elections.
7 Such advisory committee shall be comprised of nine members appointed by
8 the governor, of whom one shall be on nomination of the temporary presi-
9 dent of the senate, one shall be on nomination of the minority leader of
10 the senate, one shall be on nomination of the speaker of the assembly
11 and one shall be on nomination of the minority leader of the assembly.
12 Of the five members appointed by the governor not on recommendation of a
13 member of the legislature, no more than two shall be enrolled members of
14 the party whose candidate for governor at the general election preceding
15 appointment received the highest number of votes, no more than two shall
16 be enrolled members of the party whose candidate for governor at the
17 general election preceding appointment received the second highest
18 number of votes, and at least one shall not be an enrolled member of any
19 party for at least six months prior to appointment and for the duration
20 of service on the advisory committee and shall be deemed to resign from
21 such committee upon registration with any party; provided, however, that
22 at least two members appointed by the governor not on recommendation of
23 a member of the legislature shall represent one or more not-for-profit
24 organizations that regularly advocate for the interests of voters and/or
25 the proper conduct of elections statewide. Of the members appointed on
26 nomination of a member of the legislature, no more than two shall be
27 enrolled members of a political party whose candidate for governor at
28 the general election preceding appointment received the highest number
29 of votes, and no more than two shall be enrolled members of a political
30 party whose candidate for governor at the general election preceding
31 appointment received the second highest number of votes. Members shall
32 serve for renewable terms of five years; provided that the member first
33 nominated by the temporary president of the senate shall serve for four
34 years, the member first nominated by the speaker of the assembly shall
35 serve for three years, the member first nominated by the minority leader
36 of the senate shall serve for two years, the member first nominated by
37 the minority leader of the assembly shall serve for one year, and the
38 five members first appointed by the governor not on recommendation of a
39 member of the legislature shall serve for one, two, three, four and five
40 years, respectively, as the governor shall designate at the time of
41 first appointment. Members first appointed hereunder shall be nominated
42 and appointed within thirty days of the effective date of this section;
43 vacancies shall be filled for the unexpired term within fifteen days of
44 the vacancy in the same manner as an original appointment. The advisory
45 committee shall select a chairperson for a renewable term of three years
46 and shall establish its own rules of procedure.
47 2. For their services hereunder, members of the advisory committee
48 shall receive no compensation but shall be entitled to reimbursement for
49 reasonable and necessary expenses directly related to their duties. No
50 member shall be disqualified from holding any other public office or
51 employment, nor shall he or she forfeit any such office or employment,
52 by reason of his or her appointment pursuant to this subdivision,
53 notwithstanding the provisions of any general, special or local law,
54 regulation, rule, ordinance or charter.
55 3. The advisory committee shall consult with and assist the state
56 board of elections, the state campaign finance board and the office of
S. 5814--A 5
1 campaign finance enforcement in the discharge of their respective
2 duties. The advisory committee shall make nominations for chief campaign
3 finance enforcement officer in the manner and by the date specified in
4 subdivision one of section 14-132 of this article.
5 § 4. Section 14-126 of the election law is REPEALED and a new section
6 14-126 is added to read as follows:
7 § 14-126. Violations; penalties. 1. Civil violations and penalties.
8 Upon the establishment of prima facie evidence of the following
9 violations, the following penalties shall be recovered in the name of
10 the state board of elections by the office of campaign finance enforce-
11 ment established pursuant to section 14-132 of this article:
12 a. Any person who or committee that fails to file a statement required
13 by this article or article fourteen-A of this chapter by the date speci-
14 fied therefor shall, commencing five days after such date, be subject to
15 a civil penalty not less than two hundred fifty dollars and not more
16 than one thousand dollars for a first violation, and otherwise not less
17 than five hundred dollars and not more than two thousand dollars.
18 b. Any person who or committee that files a statement required by this
19 article or article fourteen-A of this chapter that is incomplete or that
20 otherwise does not comply with the provisions of this article or article
21 fourteen-A of this chapter or effectuating rules governing such state-
22 ment shall be subject to a civil penalty not less than one hundred
23 dollars and not more than five hundred dollars for a first violation,
24 and otherwise not less than two hundred fifty dollars and not more than
25 one thousand dollars. Such penalty may be waived if the deficiency is
26 cured within five days of the initial filing.
27 c. Any person who or committee that accepts a contribution in an
28 amount exceeding an applicable maximum specified in this article, or
29 converts a contribution to personal use or any other impermissible use
30 in violation of section 14-130 of this article or section 14-154 of this
31 chapter for a candidate or committee participating in voluntary clean
32 election financing pursuant to article fourteen-A of this chapter, or
33 accepts voluntary clean elections funding pursuant to article fourteen-A
34 of this chapter and expends in excess of the amount therein specified
35 for such person or committee, shall be subject to a civil penalty of
36 double the amount of the conversion or excess amount of the contribution
37 or expenditure for a first violation, and otherwise triple such amount,
38 and in the case of an excess contribution shall be required to refund
39 such amount to the contributor.
40 In enforcing the foregoing penalties, the office of campaign finance
41 enforcement shall not have to bring a judicial proceeding but shall
42 comply with the provisions of section 14-132 of this article and the
43 rules and procedures of the office promulgated pursuant to subdivision
44 four of such section. Notwithstanding subdivision fifteen of section
45 sixty-three of the executive law, the attorney general shall not have
46 the power to waive or diminish the foregoing civil penalties. All moneys
47 recovered pursuant to this subdivision shall be deposited to the credit
48 of the New York clean election campaign finance fund established pursu-
49 ant to section 14-168 of this chapter.
50 2. Criminal violations and penalties. Notwithstanding any contrary
51 provision of law:
52 a. Any person who or committee that knowingly and willfully fails to
53 pay a civil penalty assessed pursuant to subdivision one of this section
54 within thirty days of such assessment, other than a person who or
55 committee that by such date either challenges such assessment by special
56 proceeding pursuant to article seventy-eight of the civil practice law
S. 5814--A 6
1 and rules or executes and files with the office of campaign finance
2 enforcement a written instrument, bearing a legally authorized form
3 notice to the effect that false statements made therein are punishable,
4 that he, she or it cannot afford to pay such penalty, shall be guilty of
5 a class A misdemeanor.
6 b. Any person who or committee that knowingly and willfully fails to
7 file a statement required by this article or article fourteen-A of this
8 chapter, or fails to provide information pursuant to audit by or on
9 behalf of the office of campaign finance enforcement or state campaign
10 finance board after thirty days notice by the office of campaign finance
11 enforcement delivered to such person or committee by certified mail,
12 return receipt requested, or by personal service, that such statement or
13 other information was due and owing pursuant to this article or article
14 fourteen-A of this chapter, shall be guilty of a class A misdemeanor.
15 c. Any person who or committee that knowingly and willfully contrib-
16 utes, accepts or aids or participates in the acceptance of a contrib-
17 ution in an amount exceeding an applicable contribution limit specified
18 in this article, or knowingly and willfully converts or aids or partic-
19 ipates in the conversion of a contribution to personal use or other use
20 impermissible for such person or committee pursuant to this article or
21 article fourteen-A of this chapter, shall be guilty of a class A misde-
22 meanor; provided, however, that where the amount of such conversion or
23 other impermissible use is one thousand dollars or greater, guilty of a
24 class E felony.
25 d. Any person who or committee that knowingly and willfully makes a
26 false statement, which he or she does not believe to be true, in a writ-
27 ten instrument required by this chapter to be filed and bearing a legal-
28 ly authorized form notice to the effect that false statements made ther-
29 ein are punishable, or otherwise to the chief campaign finance
30 enforcement officer or an employee thereof in connection with the inves-
31 tigation or enforcement of this article or article fourteen-A of this
32 chapter, or to the campaign finance board or an employee thereof in
33 connection with an application for voluntary clean elections funding
34 pursuant to article fourteen-A of this chapter or an audit thereunder,
35 shall be guilty of a class E felony.
36 e. Any person who, acting on behalf of a candidate or political
37 committee, knowingly and willfully solicits, organizes or coordinates
38 the formation of activities of one or more unauthorized committees,
39 makes expenditures in connection with the nomination for election or
40 election of any candidate, or solicits any person to make any such
41 expenditures, for the purpose of evading a limitation on contributions
42 or expenditures in this article or article fourteen-A of this chapter,
43 shall be guilty of a class E felony.
44 In addition to other penalties specified by law, each of the foregoing
45 criminal offenses also shall be punishable by fines of up to five thou-
46 sand dollars for a misdemeanor or up to ten thousand dollars for a felo-
47 ny.
48 3. Where a civil penalty specified in subdivision one of this section
49 is assessed and such penalty remains unpaid thirty days after proper
50 notice thereof pursuant to subdivision five of section 14-132 of this
51 article, unless such assessment timely shall be challenged pursuant to
52 article seventy-eight of the civil practice laws and rules, the office
53 of campaign finance enforcement shall cause to be displayed prominently
54 on its public website a statement specifying the name of the person,
55 committee or other instrumentality alleged to be in violation, the
56 provision or provisions of this article or article fourteen-A of this
S. 5814--A 7
1 chapter alleged to be violated, a brief description of each such alleged
2 violation, the date or dates of each such alleged violation and the
3 minimum and maximum penalty for each such violation. Such office imme-
4 diately shall redact such website entry to remove such display upon the
5 remittance of payment or rescission of the penalty, as the case may be.
6 The office shall continuously maintain on its public website a complete
7 database of all such entries and each such entry shall be accessible to
8 the public.
9 § 5. Section 14-127 of the election law, as added by chapter 404 of
10 the laws of 1995, is amended to read as follows:
11 § 14-127. Notice of civil penalty to authorizing candidate. If any
12 person or committee fails to file a statement of campaign receipts and
13 expenditures or otherwise fails to provide information pursuant to audit
14 or investigation pursuant to this article or article fourteen-A of this
15 chapter for a candidate authorized political committee, [and thereafter
16 said person is a party to recovery of a civil penalty in a special
17 proceeding or civil action brought by the state board of elections or
18 other board of elections under section 14-126 of this article, said
19 board of elections] the office of campaign finance enforcement imme-
20 diately shall [also] provide the authorizing candidate with actual
21 notice of [the civil penalty, and the special proceeding or civil
22 action] such failure and the possible penalties by certified mail,
23 return receipt requested, or by personal service.
24 § 6. Section 14-128 of the election law, as added by chapter 323 of
25 the laws of 1977, is amended to read as follows:
26 § 14-128. Disposition of anonymous contributions. Any anonymous
27 contributions received by a campaign treasurer, political committee or
28 agency thereof shall not be used or expended, but the same shall be paid
29 over to the comptroller of the state of New York for deposit in the
30 [general treasury of the state] New York state clean election campaign
31 finance fund established pursuant to section 14-168 of this chapter
32 unless, before the date for filing statements and reports as herein
33 provided, the identity of such anonymous contributor shall become known,
34 and, in such event the anonymous contribution shall be returned to such
35 contributor or retained and properly reported as a contribution from
36 such contributor.
37 § 7. The election law is amended by adding four new sections 14-132,
38 14-134, 14-136 and 14-138 to read as follows:
39 § 14-132. Enforcement. 1. There is established within the state board
40 of elections an office of campaign finance enforcement. The head of the
41 office shall be the chief campaign finance enforcement officer. Within
42 fifteen days of a vacancy or expected vacancy in such office, the advi-
43 sory committee for the state board of elections established pursuant to
44 subdivision three of section 3-201 of this chapter shall transmit to the
45 state campaign finance board no less than three and no more than five
46 nominees well qualified for such position on the basis of education,
47 integrity and experience in the area of campaign finance law and/or
48 enforcement. Not later than ten days thereafter, the state campaign
49 finance board shall appoint a chief campaign finance enforcement officer
50 from among such nominees; provided, however, that if the state campaign
51 finance board shall fail timely to make such appointment, then the advi-
52 sory committee shall appoint a chief enforcement officer from among such
53 nominees not later than ten days thereafter. The chief campaign finance
54 enforcement officer shall serve for a renewable term of five years;
55 provided that he or she shall continue to serve after the expiration of
56 his or her term until his or her successor shall have been selected. He
S. 5814--A 8
1 or she shall be removed only for cause by majority vote of the state
2 campaign finance board, on prior consultation with the advisory commit-
3 tee, after suitable public notice to the chief enforcement officer and
4 reasonable opportunity for him or her to be heard on the cause for
5 removal in a public hearing. The annual compensation of the chief
6 enforcement officer for elections shall be no less than the annual
7 compensation of a co-executive director of the state board of elections.
8 2. The chief campaign finance enforcement officer shall appoint depu-
9 ties, counsel, investigators, assistants and other staff, contract for
10 services and do all things necessary, within appropriations made avail-
11 able therefor, to ensure the proper discharge of the duties of the
12 office of campaign finance enforcement pursuant to this section. Such
13 staff shall be removed only by the chief campaign finance enforcement
14 officer. The chief campaign finance enforcement officer and all staff
15 thereof shall refrain from partisan political activity for the duration
16 of their appointment or employment hereunder. Appropriations to the
17 office of campaign finance enforcement shall be sufficient to ensure the
18 proper discharge of its duties and responsibilities hereunder.
19 3. Notwithstanding any contrary provision of law but consistent with
20 the provisions of subdivision four of this section, the office of
21 campaign finance enforcement shall enforce the provisions of this arti-
22 cle and article fourteen-A of this chapter in the name of the state
23 board of elections. In furtherance thereof and in consultation with the
24 advisory committee, the state board of elections and state campaign
25 finance board jointly shall establish procedures to immediately and
26 automatically inform the office of campaign finance enforcement of any
27 apparent violation of this article or article fourteen-A of this chap-
28 ter, including but not limited to requirements relating to contrib-
29 utions, expenditures and the timely and proper submission of campaign
30 finance statements. For each such apparent violation alleged and for
31 each complaint either initiated by such office or received from an
32 outside complainant, the office of campaign finance enforcement shall
33 determine whether the allegation, if true, would constitute a violation
34 of this article or article fourteen-A of this chapter and may make such
35 inquiry as necessary to effectuate such determination. Where the office
36 determines that such allegations are not supported by credible evidence,
37 the office forthwith shall so inform the complainant, if any, in writ-
38 ing. Where the office determines that such allegations are supported by
39 credible evidence, the office forthwith shall undertake the enforcement
40 measures specified in subdivisions five and six of this section. In
41 furtherance of such investigations and enforcement measures, the chief
42 campaign finance enforcement officer shall have the powers to administer
43 oaths and affirmations, subpoena witnesses and compel their attendance,
44 examine them under oath or affirmation and require the production of any
45 books, records, documents or other evidence he or she may deem relevant
46 or material, and may delegate such powers to such employees of the
47 office as he or she may determine; provided that in connection with any
48 such investigation, any grant of immunity by the office of campaign
49 finance enforcement shall comply with the provisions of subdivision six
50 of section 3-102 of this chapter. In furtherance of its powers and
51 duties pursuant to this chapter, the office of campaign finance enforce-
52 ment shall be entitled to receive the assistance and cooperation of the
53 state board of elections, the state campaign finance board, the commis-
54 sion on public integrity, the state inspector general and the attorney
55 general of the state. Except as necessary to the proper investigation
56 and enforcement of alleged violations of this article or article four-
S. 5814--A 9
1 teen-A of this chapter, the office of campaign finance enforcement shall
2 keep confidential all matters pertaining thereto until a civil penalty
3 is assessed or a criminal charge is made pursuant to law. To the maximum
4 extent practicable consistent with such confidentiality, the office of
5 campaign finance enforcement shall collaborate with the state board of
6 elections to obtain information relevant to the effective enforcement of
7 this article and article fourteen-A of this chapter, promote public
8 understanding and deter violations thereof.
9 4. The office of campaign finance enforcement shall promulgate rules
10 and procedures for the discharge of its powers and duties pursuant to
11 this article and article fourteen-A of this chapter, including but not
12 limited to procedures governing the mandatory collection of civil penal-
13 ties, investigations and prosecutions consistent with law. Such rules
14 shall provide for adjudicatory procedures not inconsistent with subdivi-
15 sion three of section three hundred one of the state administrative
16 procedure act for the assessment of a civil penalty exceeding five
17 hundred dollars per violation; the appointment and compensation of qual-
18 ified and independent hearing officers to preside in such adjudications
19 who shall be members of the bar of this state in good standing and who
20 shall not be employees of the state, officers of a political party or
21 officers or agents of any campaign committee at the time of service or
22 for two years preceding appointment; and the provision of written find-
23 ings of fact and conclusions of law on the disposition of any such adju-
24 dication. Such rules may provide for the assessment of interest and/or
25 additional civil penalties for late payment which shall be collected in
26 the same manner as an original civil penalty.
27 5. In the case of a civil penalty required to be assessed pursuant to
28 subdivision one of section 14-126 of this article, the office of
29 campaign finance enforcement shall ensure timely and proper notification
30 to alleged violators, by certified mail return receipt requested or by
31 personal service, and the timely and complete remittance of penalties,
32 including any interest or further penalties assessed thereon. A chal-
33 lenge to such a penalty assessment shall lie pursuant to article seven-
34 ty-eight of the civil practice law and rules.
35 6. Upon the establishment of probable cause to believe that a criminal
36 violation of this article or article fourteen-A of this chapter has
37 occurred, the chief enforcement officer forthwith shall so notify the
38 attorney general and transmit the evidence supporting such probable
39 cause; provided that the confidentiality of such evidence otherwise
40 shall be protected. The attorney general shall review such evidence and,
41 no later than sixty days after receiving the same, shall inform the
42 chief campaign finance enforcement officer either that the attorney
43 general shall commence a prosecution of such violation, in which case
44 the attorney general shall prosecute such action, or that the attorney
45 general declines to prosecute; provided that on ex parte application of
46 the attorney general for good cause shown, a superior court in any coun-
47 ty in which venue would lie for such prosecution may extend the time
48 necessary for the attorney general to make the determination required by
49 this subdivision. If the attorney general thereafter declines to prose-
50 cute, then the chief campaign finance enforcement officer may prosecute
51 such offense in the name of the people of the state of New York, and in
52 pursuance thereof shall have all the powers and duties of a district
53 attorney and may prosecute such offense in any county in which a
54 district attorney could prosecute it; provided, that the costs associ-
55 ated therewith shall be charges against the state board of elections.
56 Nothing in this subdivision shall impair any power of the attorney
S. 5814--A 10
1 general pursuant to section sixty-three-e of the executive law or of any
2 district attorney.
3 7. The chief campaign finance enforcement officer shall report annual-
4 ly to the governor, legislature, advisory committee, state board of
5 elections and state campaign finance board on the conduct and affairs of
6 the office. Such report shall include a summary for the preceding twelve
7 month period setting forth the number of investigations conducted, the
8 number of random audits conducted pursuant to section 14-134 of this
9 article, the number and amount of civil penalties assessed, the number
10 and amount of civil penalties paid and unpaid, the nature of civil and
11 criminal violations alleged, court actions in progress, court actions
12 completed, regulations or other protocols adopted, amended or rescinded,
13 trends in the nature and/or number of such violations over the preceding
14 twelve month period, and such other matters as the chief campaign
15 finance enforcement officer may determine to maximize public understand-
16 ing of the status and effectiveness of campaign finance enforcement.
17 § 14-134. Random audits. In addition to other powers and duties speci-
18 fied in this article, the office of campaign finance enforcement shall
19 have the power and duty to conduct a program of random audits subject to
20 the provisions of this section. Such program shall be carried out in the
21 following manner:
22 1. The office of campaign finance enforcement shall randomly select
23 for audit committees required to file pursuant to this article and arti-
24 cle fourteen-A of this chapter. Such selection shall be done in a manner
25 pursuant to which the identity, political affiliation and mailing
26 address of any particular committee whose filings are to be audited is
27 unknown to the office, its staff or any agents thereof prior to
28 selection.
29 2. The office of campaign finance enforcement shall develop protocols
30 for the conduct of such random audits, in consultation with the commis-
31 sion on public integrity and any other instrumentality of state or local
32 government that may conduct random audits pursuant to law. Random
33 audits by the office of campaign finance enforcement may require the
34 production of books, papers, records or memoranda relevant and material
35 to the preparation of statements required by this article or article
36 fourteen-A of this chapter to be filed during the previous twenty-four
37 months, for examination by the office of campaign finance enforcement.
38 Such protocols shall ensure that similarly situated filers and state-
39 ments thereof are audited in a uniform manner.
40 3. The office of campaign finance enforcement shall contract with an
41 outside accounting entity, which shall monitor the process pursuant to
42 which the office selects persons, candidates and/or committees for audit
43 and carries out the provisions of subdivisions one and two of this
44 section, and shall certify that such process complies with the
45 provisions thereof.
46 4. Upon completion of a random audit pursuant to this section, the
47 office of campaign finance enforcement shall determine whether there is
48 reasonable cause to believe that any statement required to be filed by
49 this article or article fourteen-A of this chapter is missing, incom-
50 plete or inaccurate. Upon a determination that such reasonable cause
51 exists, the office may require the production of further books, records
52 or memoranda, subpoena witnesses, compel their attendance and testimony
53 and administer oaths or affirmations, to the extent the office deter-
54 mines such actions are necessary to obtain information relevant and
55 material to investigating such omissions and/or inaccuracies.
S. 5814--A 11
1 5. Where the office of campaign finance enforcement determines on the
2 basis of such a random audit or further inquiry pursuant thereto that
3 there was a violation of any provision of this article or article four-
4 teen-A of this chapter, the enforcement provisions of section 14-132 of
5 this article shall apply; provided, that nothing hereunder shall require
6 a random audit as a condition of any investigation or enforcement pursu-
7 ant to this article or article fourteen-A of this chapter.
8 § 14-136. Successor enforcement bodies. Notwithstanding any other
9 provision of law, if any statute shall, on or after the effective date
10 of this section, devolve to the commission on public integrity, or to
11 any successor commission or body thereto, authority to enforce the
12 provisions of this article, then on the effective date of such statute:
13 1. all investigatory, enforcement and auditing powers and duties of
14 the office of campaign finance enforcement shall devolve to such commis-
15 sion or body, which thereafter shall undertake such powers and duties in
16 the manner prescribed by this article;
17 2. all other references to the office of campaign finance enforcement
18 in this chapter shall be construed to refer to such commission or body;
19 3. the office of campaign finance enforcement shall be deemed
20 dissolved; and
21 4. the state board of elections and such successor commission or body
22 shall provide for the timely transfer of the records, papers, cases,
23 personnel and effects of the office of campaign finance enforcement to
24 such commission or body.
25 § 14-138. Official communications by electronic means. All official
26 communications required or authorized by this article or article four-
27 teen-A of this chapter to be sent to a candidate, committee or an agent
28 thereof shall be sent both by mail in the manner specified by such arti-
29 cle and by electronic mail to the electronic mail address or addresses,
30 if any, on file with the state board of elections for such committee or
31 agent; provided that no such communication shall be deemed untimely or
32 otherwise defective solely on grounds that the electronic communication
33 shall not be sent or received. In lieu of communications by certified or
34 express mail, a candidate or committee may elect to receive official
35 communications by facsimile or other electronic means; provided that the
36 means of making each such transmission in lieu of communication by
37 certified or express mail shall ensure automatic delivery of proof to
38 the sender that such communication properly was received and the time
39 and date of such receipt. The state board of elections shall promulgate
40 rules to govern communications by electronic means hereunder.
41 § 8. Section 16-114 of the election law is amended by adding a new
42 subdivision 5 to read as follows:
43 5. Nothing in this section shall be construed to require the office of
44 campaign finance enforcement, established pursuant to section 14-132 of
45 this article, to commence a judicial proceeding to collect a civil
46 penalty assessable pursuant to section 14-126 of this article.
47 § 9. The executive law is amended by adding a new section 63-e to read
48 as follows:
49 § 63-e. Powers of the attorney general to enforce the election law.
50 The attorney general may investigate any alleged civil or criminal
51 violation of the election law on his or her own investigation, informa-
52 tion filed with the state board of elections or state campaign finance
53 board, or complaint of a private citizen. Where the attorney general
54 shall determine that probable cause exists of a criminal violation of
55 article fourteen or fourteen-A of the election law, the attorney general
56 may so inform the chief campaign finance enforcement officer of the
S. 5814--A 12
1 office of campaign finance enforcement established pursuant to section
2 14-132 of the election law and provide the evidence supporting such
3 probable cause. Notwithstanding any contrary provision of law, the
4 attorney general may prosecute a criminal violation of article fourteen
5 or fourteen-A of the election law in the manner and to the extent speci-
6 fied in subdivision six of section 14-132 of the election law. In furth-
7 erance of the powers and duties specified in this section, the attorney
8 general is authorized to take proofs, make determinations of relevant
9 facts and issue subpoenas in accordance with law, and such authorization
10 shall not abate or terminate by reason of any civil or criminal action
11 or proceeding to enforce the election law or any collection or determi-
12 nation to collect a civil penalty pursuant thereto. Nothing in this
13 section shall impair the enforcement jurisdiction of any district attor-
14 ney in this state or the office of campaign finance enforcement pursuant
15 to law.
16 § 10. Subdivision 9 of section 94 of the executive law is amended by
17 adding a new paragraph (j-1) to read as follows:
18 (j-1) Advise and assist the office of campaign finance enforcement
19 established pursuant to section 14-132 of the election law to effec-
20 tively discharge the powers and duties of such office, including but not
21 limited to ensuring the prompt and accurate dissemination to such office
22 of the names and addresses of persons required to file as lobbyists
23 pursuant to article one-A of the legislative law;
24 § 11. This act shall take effect on the first day of January following
25 the general election of members of the legislature next succeeding the
26 day on which this act shall have become a law; provided that section
27 3-201 of the election law, as added by section three of this act, and
28 subdivisions one, two and four of section 14-132 of the election law, as
29 added by section seven of this act, shall take effect immediately.
30 PART B
31 Section 1. The election law is amended by adding a new article 14-A to
32 read as follows:
33 ARTICLE 14-A
34 VOLUNTARY CLEAN ELECTION CAMPAIGN FINANCE
35 Section 14-150. Definitions.
36 14-152. Eligibility and other requirements.
37 14-154. Qualified campaign expenditures; restrictions on use.
38 14-156. Campaign contributions.
39 14-158. Optional clean election campaign financing.
40 14-160. Grant amounts for primary and general election
41 campaigns.
42 14-162. Optional public funding for party committees.
43 14-164. Office holders accounts.
44 14-166. Power and duties of the state campaign finance board.
45 14-168. New York state clean election campaign finance fund.
46 14-170. Disbursal of revenue for clean election campaign financ-
47 ing.
48 14-172. Examinations; repayments.
49 14-174. Enforcement and penalties.
50 14-176. Campaigns for office not subject to this article.
51 14-178. Quadrennial reports.
S. 5814--A 13
1 § 14-150. Definitions. For purposes of this article, the following
2 terms shall have the following meanings:
3 1. "Authorized committee" shall mean a political committee that has
4 been authorized by one or more candidates to aid or take part in the
5 elections of such candidate or candidates and that has filed a statement
6 that such candidate or candidates have authorized such political commit-
7 tee pursuant to section 14-112 of this chapter.
8 2. "Board" shall mean the New York state campaign finance board estab-
9 lished in section 3-101 of this chapter.
10 3. "Contribution" shall mean: (a) any gift, subscription, advance, or
11 deposit of money or anything of value, made in connection with the nomi-
12 nation for election, or election, of any candidate; (b) any funds
13 received by a political committee from another political committee; or
14 (c) any payment, by any person other than a candidate or his or her
15 principal committee, made in connection with the nomination for
16 election, or election, of any candidate, including but not limited to
17 compensation for the personal services of any individual that are
18 rendered in connection with a candidate's election or nomination without
19 charge; provided, however, that none of the foregoing shall be deemed a
20 contribution if made, taken or performed by a person or a political
21 committee independent of the candidate or his or her agents or principal
22 committee pursuant to section 14-112 of this chapter. For purposes of
23 this subdivision, the term "independent of the candidate or his or her
24 agents or principal committee pursuant to section 14-112 of this chap-
25 ter" shall mean that the candidate or his or her agents or principal
26 committee did not authorize, request, suggest, foster or cooperate in
27 any such activity; and provided further, that the term "contribution"
28 shall not include:
29 (i) the value of services provided without compensation by individuals
30 who volunteer a portion or all of their time on behalf of a candidate or
31 political committee;
32 (ii) the use of real or personal property and the cost of invitations,
33 food and beverages voluntarily provided by an individual to a candidate
34 or political committee on the individual's residential premises for
35 candidate-related activities to the extent such services do not exceed
36 five hundred dollars in value;
37 (iii) the travel expenses of any individual who on his or her own
38 behalf volunteers his or her personal services to any candidate or poli-
39 tical committee to the extent such expenses are not reimbursed and do
40 not exceed five hundred dollars in value;
41 (iv) expenditures by a bona fide membership organization in support of
42 the following activities by members of the organization who are volun-
43 teering their time on behalf of a candidate, not to exceed fifteen
44 dollars per member who volunteers, for: transportation of volunteers to
45 campaign activities; cost of feeding volunteers while volunteering for
46 the campaign; and materials such as badges and clothing that identifies
47 the name of the organization and/or candidate; and
48 (v) party expenditures by a party committee to the extent that the
49 total amount of such party expenditures under paragraphs (a) and (b) of
50 subdivision eight of this section do not exceed the following amounts:
51 (A) one million dollars for a candidate for governor in a general
52 election;
53 (B) five hundred thousand dollars for a candidate for comptroller or
54 attorney general in a general election;
55 (C) one hundred thousand dollars for a candidate for state senate in a
56 general or special election; or
S. 5814--A 14
1 (D) forty thousand dollars for a candidate for assembly in a general
2 or special election.
3 4. "Covered election" shall mean any primary election for nomination
4 for election as a party candidate, or any general election or special
5 election for election, to the office of governor, lieutenant governor,
6 attorney general, comptroller, senator or member of assembly.
7 5. "General election campaign period" shall mean the period beginning
8 the day after the primary election and ending thirty days after the
9 general election.
10 6. "Independent expenditure" shall mean an expenditure by any person,
11 political party or other entity other than a candidate's principal
12 committee that is made for a communication that expressly advocates the
13 election or defeat of a clearly identified candidate in a covered
14 election that is made without the participation or cooperation of, or
15 coordination or consultation with, any candidate, candidate's committee
16 or person working on behalf of a candidate or any communication that
17 names or depicts a clearly identified candidate and is disseminated less
18 than thirty-one days before the election.
19 7. "Non-participating candidate" shall mean a candidate who rejects
20 clean election campaign financing and chooses to run in an election with
21 campaign contributions raised from private sources, or who otherwise is
22 ineligible or fails to qualify for clean election campaign financing.
23 Non-participating candidates shall be ineligible to receive clean
24 election campaign financing or other benefits as defined by this arti-
25 cle.
26 8. "Party expenditure" shall mean an expenditure by a party committee
27 for the benefit of a candidate or candidate committee for:
28 (a) the preparation, display or mailing or other distribution of a
29 party candidate listing. As used in this paragraph, "party candidate
30 listing" means any communication that meets the following criteria:
31 (i) the communication lists the name or names of candidates for
32 election to public office;
33 (ii) the communication is distributed through public advertising such
34 as broadcast television stations, cable television, newspapers or simi-
35 lar media, or through direct mail, telephone, electronic mail, publicly
36 accessible sites on the Internet or personal delivery;
37 (iii) the treatment of all candidates in the communication is substan-
38 tially similar; and
39 (iv) the content of the communication is limited to:
40 (A) for each such candidate, identifying information, including photo-
41 graphs, office sought, office currently held by the candidate, if any,
42 party enrollment of the candidate, a brief statement concerning the
43 candidate's positions, philosophy, goals, accomplishments or biography,
44 and the positions, philosophy, goals or accomplishments of the candi-
45 date's party;
46 (B) encouragement to vote for each such candidate; and
47 (C) information concerning voting, including voting hours and
48 locations;
49 (b) a document in printed or electronic form, including a party plat-
50 form, a copy of an issue paper, information pertaining to the require-
51 ments of this title, a list of registered voters and voter identifica-
52 tion information, which document is created or maintained by a party
53 committee, for the general purposes of party building and is provided to
54 a candidate who is a member of the party that has established such party
55 committee;
56 (c) a campaign event at which a candidate or candidates are present;
S. 5814--A 15
1 (d) the retention of the services of an advisor to provide assistance
2 relating to campaign organization, financing, accounting, strategy, law
3 or media; or
4 (e) the use of offices, telephones, computers and similar equipment
5 which does not result in additional cost to the party committee.
6 9. "Political committee" shall have the meaning set forth in section
7 14-100 of this chapter.
8 10. "Principal committee" shall mean the authorized committee desig-
9 nated by a candidate pursuant to this article.
10 11. "Qualified campaign expenditure" shall mean an expenditure for
11 which clean election campaign funds may be used pursuant to this arti-
12 cle.
13 12. "Qualified candidate" shall mean any candidate for nomination for
14 election, or election, to the office of governor, lieutenant governor,
15 attorney general, comptroller, senator or member of the assembly who
16 qualifies for clean election campaign funds by collecting the required
17 number of qualifying contributions and agreeing to other requirements
18 specified in this article.
19 13. "Qualifying contribution" shall mean a contribution of at least
20 five dollars and no more than two hundred fifty dollars per contribution
21 which is made to the principal committee and which is counted toward the
22 aggregate number of qualifying contributions needed to meet the thresh-
23 old amount for a specific office. A contribution shall be deemed a qual-
24 ifying contribution only if made by check, money order or in cash and
25 only if accompanied by a signed statement that: (a) the contribution is
26 intended to be a contribution to support the election of a candidate
27 seeking to qualify for a covered election; (b) the contribution was made
28 from the contributor's own funds; and (c) the contributor received and
29 shall receive nothing of value in exchange for the contribution. Any
30 contributions that do not meet the requirements set forth in this arti-
31 cle shall be returned to the contributor.
32 14. "Qualifying period" shall mean the period during which participat-
33 ing candidates collect qualifying contributions.
34 15. "Threshold for eligibility" shall mean the total amount of quali-
35 fying contributions that a participating candidate and his or her prin-
36 cipal committee must receive in order for such candidate to qualify for
37 clean election campaign funding pursuant to this article.
38 16. "Transfer" shall mean any exchange of funds or any thing of value
39 between political committees authorized by the same candidate pursuant
40 to section 14-112 of this chapter and taking part in his or her
41 campaign.
42 17. "Office holder account" shall refer to a political committee
43 established under section 14-162 of this article.
44 § 14-152. Eligibility and other requirements. 1. To be eligible for
45 clean election campaign funding under this article, a candidate for
46 nomination for election or election shall:
47 (a) meet all the requirements of law to have his or her name on the
48 ballot;
49 (b) be a candidate for governor, lieutenant governor, comptroller,
50 attorney general, state senate or assembly in a primary, general or
51 special election and meet the threshold criteria for eligibility set
52 forth in subdivisions three and four of this section;
53 (c) choose to participate in the clean election campaign funding
54 provisions of this article, by filing a written certification in such
55 form as may be prescribed by the board, which sets forth his or her
S. 5814--A 16
1 acceptance of and agreement to comply with the terms and conditions for
2 the provision of such funds;
3 (d) furnish to the board and his or her principal committee any infor-
4 mation the board may request relating to his or her campaign expendi-
5 tures or contributions, including any such documentation or other proof
6 of compliance with this article as such board may request;
7 (e) notify the board in the candidate's written certification as to:
8 (i) the existence of each authorized committee authorized by such
9 candidate that has not been terminated;
10 (ii) whether any such committee also has been authorized by any other
11 candidate; and
12 (iii) if the candidate has authorized more than one authorized commit-
13 tee, which authorized committee has been designated by the candidate as
14 the candidate's principal committee for the election or elections
15 covered by the candidate's certification; provided, that such principal
16 committee:
17 (A) shall be the only committee authorized by such candidate to aid or
18 otherwise take part in the election or elections covered by the candi-
19 date's certification;
20 (B) shall not be an authorized committee of any other candidate; and
21 (C) shall not have been authorized or otherwise active for any
22 election prior to the election or elections covered by the candidate's
23 certification.
24 The use of an entity other than the designated principal committee to
25 aid or otherwise take part in the election or elections covered by the
26 candidate's certification shall be a violation of this section and shall
27 trigger the application to such entity of all provisions of this article
28 governing principal committees;
29 (f) maintain along with his or her principal committee such records of
30 receipts and expenditures for a covered election as required by the
31 board;
32 (g) not make along with his or her principal committee expenditures
33 which in the aggregate exceed the grant of public funds set forth in
34 section 14-160 of this article plus the amount of qualifying contrib-
35 utions allowed pursuant to subdivision four of this section;
36 (h) not accept aggregate party expenditures from the committee or
37 committees of any political party in excess of the amount specified in
38 subdivision four of this section;
39 (i) agree to participate in at least two public debates with other
40 candidates prior to the date of a primary election or special election
41 and at least three debates with other candidates prior to the date of a
42 general election. Such debates shall be established under regulations
43 promulgated by the state campaign finance board. If a candidate fails to
44 participate in any debate required under this section before an
45 election, the candidate shall be liable for return of moneys previously
46 received for use by the candidate to pay election campaign expenses and
47 shall be ineligible to receive any further clean election campaign funds
48 for that election. For purposes of this paragraph, each primary, general
49 or special election shall be considered a separate election; and
50 (j) satisfy any claim made by such board for the payment of civil
51 penalties or repayment of public funds that remains outstanding against
52 such candidate or his or her principal committee from a prior covered
53 election, if:
54 (i) the candidate had written notice of such potential claim and inel-
55 igibility to receive public funds prior to filing a written certif-
S. 5814--A 17
1 ication for the current covered election pursuant to paragraph (c) of
2 this subdivision; or
3 (ii) in the event no such timely notice has been given, the candidate
4 has been given an opportunity to present to the board reasons he or she
5 should be eligible to receive public funds.
6 2. Notwithstanding any other provision of law, rule or regulation to
7 the contrary, the qualifying period shall commence on the first day of
8 January of the year in which the election or elections for which the
9 candidate seeks to qualify will be held and end no later than sixty days
10 before the date of the primary election in that same year.
11 3. The qualifying period in a special election shall begin the day the
12 election is announced. Candidates shall have up to fourteen days before
13 the date of the special election to collect qualifying contributions.
14 The number of qualifying contributions shall be half of the number of
15 contributions required in a general election. Funds shall be released to
16 special election candidates within three days of submission of evidence
17 of such qualifying contributions.
18 4. (a) The threshold for eligibility for clean election campaign fund-
19 ing for participating candidates in a general election shall be:
20 (i) candidates for state senate, at least one thousand qualifying
21 contributions from individuals, half of whom shall reside in the state
22 senate district, the aggregate amount of such contributions not to
23 exceed one hundred twenty-five thousand dollars;
24 (ii) candidates for state assembly, at least four hundred qualifying
25 contributions from individuals, half of whom shall reside in the state
26 assembly district, the aggregate amount of such contributions not to
27 exceed fifty thousand dollars;
28 (iii) candidates for governor, at least twenty thousand qualifying
29 contributions, including at least five hundred contributions from indi-
30 viduals residing in each of a majority of the congressional districts of
31 the state, the aggregate amount of such contributions not to exceed two
32 million five hundred thousand dollars; and
33 (iv) candidates for lieutenant governor, attorney general and comp-
34 troller, at least ten thousand qualifying contributions, including at
35 least two hundred fifty contributions from individuals residing in each
36 of a majority of the congressional districts of the state, the aggregate
37 amount of such contributions not to exceed one million two hundred fifty
38 thousand dollars.
39 Any such contribution collected in excess of the limitation specified
40 in this paragraph for such candidate shall be donated to the New York
41 state clean election campaign finance fund.
42 (b) In addition to the requirements of paragraph (a) of this subdivi-
43 sion, in order to be eligible for clean election campaign financing for
44 the general election, the candidate shall have participated in the
45 primary election and received the highest number of votes of the candi-
46 dates contesting the primary election from his or her respective party
47 and have won the party's nomination.
48 (c) In addition to the requirements of paragraph (a) of this subdivi-
49 sion, in order to be eligible to receive clean election campaign funds
50 in a primary election, a qualified candidate shall agree that in the
51 event he or she is a candidate for such office in any other election
52 held in the same calendar year, he or she will be bound in each such
53 other election by the eligibility requirements and all other provisions
54 of this article.
S. 5814--A 18
1 5. No principal committee of a qualified candidate for a covered
2 election may be authorized to aid or take part in the election of more
3 than one candidate.
4 6. Regardless of whether a candidate demonstrates eligibility for
5 clean election campaign financing under this article, a candidate who
6 has filed a written certification in accordance with subdivision one of
7 this section and his or her principal committee shall comply with the
8 requirements of paragraphs (d), (e) and (f) of subdivision one of this
9 section.
10 7. A qualified candidate who receives clean election campaign funds
11 shall not accept or spend any funds other than clean election campaign
12 funds and qualifying contributions up to the limit specified for such
13 candidate in paragraph (a) of subdivision four of this section.
14 8. A qualified candidate who or political party that receives clean
15 election campaign funds shall in all covered communications paid for in
16 whole or in part by such candidate or party comply with the provisions
17 of this subdivision.
18 (a) In any covered communication published or distributed to a general
19 public audience, such communication:
20 (i) if paid for in whole or in part by such candidate, an authorized
21 political committee of such candidate, party or any agent thereof, shall
22 clearly specify that the communication has been paid for by such candi-
23 date, authorized political committee, party or agent with clean election
24 funds; and
25 (ii) if paid for in whole or in part by one or more other persons or
26 entities but authorized by such candidate, an authorized political
27 committee of such candidate, party or agent, shall clearly state the
28 name of the person or persons, and/or entity or entities, that paid for
29 the communication and that such communication is authorized by such
30 candidate, political committee, party or agent.
31 (b) The statement or statements required by subdivision (a) of this
32 section to be made for such a communication that includes text or graph-
33 ics shall be provided in a printed or drawn box apart from any other
34 printed or other graphical material in at least ten point type on each
35 page or fold, except for a billboard, poster or other public display,
36 for which each such statement shall be in a printed or drawn box in type
37 at least ten percent of the largest typeface otherwise used therein.
38 Where such communication described by subparagraph (i) of paragraph (a)
39 of this subdivision is disseminated by cable, satellite, television,
40 telephone, radio or other electronic means, it shall include, in clearly
41 spoken form in the voice of the candidate, the phrase "I am [Name of
42 Candidate], and I approve this message."
43 (c) For purposes of this subdivision:
44 (i) the term "person" shall include an individual, political action
45 committee, organization, party, entity or other group of persons;
46 (ii) the term "communication" shall include any audio or video commu-
47 nication via broadcast, cable or satellite, any written communication
48 via advertisement, pamphlet, circular, flyer, brochure, letterhead or
49 other printed material, telephonic calls and statements or information
50 conveyed by computer or other electronic devices to one hundred or more
51 members of a general public audience; and
52 (iii) the term "covered communication" shall mean:
53 (A) a communication that expressly advocates the election or defeat of
54 a clearly identified candidate, the success or defeat of a political
55 party or principle, or the success or defeat of a ballot proposal,
56 including but not limited to a communication that contains terms or
S. 5814--A 19
1 synonyms thereof such as "vote for," "elect," "support," "cast your
2 ballot for," "Smith for Assembly," "Jones 2008," "Jones/Brown," "Veter-
3 ans for Smith," "vote against," "oppose," "defeat" or "reject"; or that
4 is susceptible of no reasonable interpretation other than as an appeal
5 to support or oppose a specified candidate, political party, principle
6 or ballot proposal, whether or not by referring to clearly identified
7 candidates competing in an election or taking a position on any clearly
8 identified candidate's character, experience, qualifications or fitness
9 for office; provided, that a communication that takes a position on an
10 issue or specifies a clearly identified candidate's position on an issue
11 and that exhorts recipients of such communication to contact a clearly
12 identified candidate in relation to such issue shall not, merely in the
13 taking or specification of such position and exhorting such communi-
14 cation to a candidate, be deemed a "covered communication"; or
15 (B) a communication transmitted, broadcast or otherwise disseminated
16 to a target electorate within forty-five days of a primary election or
17 sixty days of a general election, where such communication names,
18 depicts, pictures or references either a clearly identified candidate
19 subject to nomination or election before such target electorate in such
20 election, whether or not by name or nickname or by words or synonyms
21 thereof such as "the incumbent," "the challenger," "the Democratic
22 candidate for" or "the Republican candidate for"; or the public office
23 or nomination for public office that such candidate seeks in such
24 election, whether or not by words or synonyms thereof such as "your
25 governor," "legislator," "senator," "district 15" or "assembly member."
26 For purposes hereof, "target electorate" shall mean at least one hundred
27 persons capable of receiving such communication in the district such
28 candidate seeks to represent.
29 § 14-154. Qualified campaign expenditures; restrictions on use. 1.
30 Clean election campaign funds provided under the provisions of this
31 article may be used only for expenditures by a principal committee on
32 behalf of a candidate to further the candidate's nomination for election
33 or election during the calendar year in which the primary or general
34 election in which the candidate is seeking nomination for election or
35 election is held.
36 2. Such funds may not be used for:
37 (a) an expenditure in violation of any law, rule or regulation;
38 (b) payments made to the candidate or a spouse, child, grandchild,
39 parent, grandparent, brother or sister of the candidate or spouse of
40 such child, grandchild, parent, grandparent, brother or sister, or to
41 anyone principally residing with such person, or to a business entity in
42 which the candidate or any such person has an ownership interest or
43 serves as an employee, officer or member of the board of directors; (c)
44 payments in excess of the fair market value of services, materials,
45 facilities or other things of value received in exchange;
46 (d) any expenditures made in any calendar year after the candidate has
47 been finally disqualified or had his or her petitions finally declared
48 invalid by the applicable board of elections or a court of competent
49 jurisdiction, except as otherwise permitted by subdivision four of
50 section 14-168 of this article, or after the only remaining opponent of
51 the candidate has been finally disqualified;
52 (e) payments in cash, except as prescribed in subdivision three of
53 section 14-170 of this article;
54 (f) any contribution, transfer or loan made to another candidate or
55 political committee;
S. 5814--A 20
1 (g) gifts, except brochures, buttons, signs and other printed campaign
2 material;
3 (h) interest or any other finance charge on moneys loaned to a
4 campaign by a candidate or any member of a candidate's household;
5 (i) attorney's fees or any costs of defending against any civil or
6 criminal investigation or prosecution for alleged violations of state or
7 federal law allegedly committed while holding public office or being a
8 candidate for such office; or
9 (j) any other use or purpose impermissible for contributions received
10 by a candidate for member of congress or his or her political committee
11 pursuant to title two, section four hundred thirty-nine-a of the United
12 States code or effectuating rules and regulations of the federal
13 election commission, or rule or regulation of the campaign finance board
14 not inconsistent with this paragraph including such provisions of feder-
15 al law, rule or regulation.
16 § 14-156. Campaign contributions. Qualified candidates shall furnish
17 complete campaign records, including all records of qualifying contrib-
18 utions and expenditures to the board, on a quarterly basis, except more
19 regularly as the campaign finance board may promulgate by rule, or
20 otherwise on request by the board. Such records shall be in such form as
21 the campaign finance board may require; provided that the campaign
22 finance board shall, to the maximum extent practicable, make use of the
23 electronic reporting system prescribed by the state board of elections
24 pursuant to subdivision nine-A of section 3-102 of this chapter.
25 § 14-158. Optional clean election campaign financing. Each qualified
26 candidate in a covered election may obtain payment to the principal
27 committee designated by such candidate pursuant to this article from
28 clean election campaign funds for qualified campaign expenditures, in
29 accordance with the provisions of this article.
30 1. No such clean election campaign funds shall be paid to a principal
31 committee unless the campaign finance board determines that the candi-
32 date has met the eligibility requirements of this article. Payment shall
33 not exceed the amounts specified in this article, and shall be made only
34 in accordance with the provisions of this article. Such payment may be
35 made only to the qualified candidate's principal committee. No clean
36 election campaign funds shall be used except as reimbursement or payment
37 for qualified campaign expenditures actually and lawfully incurred.
38 2. Clean election campaign funds shall be paid to a qualified candi-
39 date's principal committee based on the following schedule:
40 (a) a candidate for a primary election shall receive twenty-five
41 percent of the grant of public funds for the primary election within
42 five days after certification by the board that the candidate has met
43 the eligibility requirements for participating candidates including
44 approval of qualifying contributions under subdivision three of section
45 14-152 of this article. Such candidate shall receive the remaining
46 seventy-five percent of the grant of public funds for the primary
47 election within five days after the candidate has qualified for the
48 ballot. Provided, however, the remaining seventy-five percent of the
49 grant of public funds will not be given to a candidate who is unopposed
50 in the primary election;
51 (b) a candidate who receives a party nomination for the general
52 election and who qualifies for clean elections funds for the general
53 election shall receive the grant of public funds for the general
54 election within three days after the date of the primary election; and
55 (c) a candidate who is nominated for the general election ballot by
56 independent nominating petition and who qualifies for clean elections
S. 5814--A 21
1 funds for the general election shall receive the grant of public funds
2 for the general election within three days after meeting all eligibility
3 requirements for a participating candidate.
4 3. A qualified candidate seeking or obtaining nomination for election
5 by more than one party shall be deemed one candidate, and shall not
6 receive additional clean election campaign funds or be authorized to
7 accept contributions in excess of the maximum contribution applicable
8 pursuant to subdivision four of section 14-152 of this article or make
9 additional expenditures by reason of such candidate seeking or obtaining
10 nomination for election by more than one party.
11 4. Notwithstanding any other provision of this chapter, the campaign
12 finance board shall by rule provide for additional grants to qualified
13 candidates if an additional day for voting is held pursuant to section
14 3-108 of this chapter or an election is held pursuant to court order,
15 the amount of such additional grants to be proportional to the amount of
16 the grant such candidate otherwise shall have received in and for such
17 general election and the length of time by which the campaign thereby is
18 extended.
19 § 14-160. Grant amounts for primary and general election campaigns. 1.
20 (a) A qualified candidate in a primary election for nomination for state
21 senate shall be eligible for clean election campaign funds for the
22 primary campaign in the amount of two dollars per each enrolled voter in
23 the candidate's party residing within the senate district as of the
24 first day of January of the year in which the primary election is to be
25 held.
26 (b) A qualified candidate for state senate who has been nominated
27 either as a party candidate or an independent candidate shall be eligi-
28 ble for clean election campaign funds for the general election campaign
29 in the amount of three hundred thousand dollars.
30 2. (a) A qualified candidate in a primary election for nomination for
31 member of the assembly shall be eligible for clean election campaign
32 funds for the primary campaign in the amount of two dollars per each
33 enrolled voter in the candidate's party residing within the assembly
34 district as of the first day of January of the year in which the primary
35 election is to be held.
36 (b) A qualified candidate for state assembly who has been nominated
37 either as a party candidate or an independent candidate shall be eligi-
38 ble for clean election campaign funds for the general election campaign
39 in the amount of one hundred twenty thousand dollars.
40 3. (a) A qualified candidate in a primary election for nomination for
41 governor shall be eligible for clean election campaign funds for the
42 primary campaign in the amount of one dollar per each enrolled voter in
43 the candidate's party residing within the state as of the first day of
44 January of the year in which the primary election is to be held.
45 (b) A qualified candidate for governor who has been nominated as a
46 party candidate shall be eligible for clean election campaign funds for
47 the general election campaign in the amount of seven million five
48 hundred thousand dollars.
49 4. (a) A qualified candidate in a primary election for nomination for
50 lieutenant governor, attorney general or comptroller shall be eligible
51 for clean election campaign funds for the primary campaign in the amount
52 of seventy-five cents per each enrolled voter in the candidate's party
53 residing within the state as of the first day of January of the year in
54 which the primary election is to be held.
55 (b) A qualified candidate for attorney general or comptroller who has
56 been nominated as a party candidate shall be eligible for clean election
S. 5814--A 22
1 campaign funds for the general election campaign in the amount of four
2 million dollars.
3 5. Not later than January first, in the fourth year after the effec-
4 tive date of this section, and every fourth year thereafter, the
5 campaign finance board shall:
6 (a) determine the percentage difference between the average of the
7 consumer price index for all urban areas published by the United States
8 bureau of labor statistics for the twelve months preceding the beginning
9 of such calendar year and such average over the calendar year commencing
10 on the effective date of this section or the first day of January of the
11 calendar year in which the last adjustment hereunder was made, whichever
12 is later;
13 (b) adjust each public grant formula for primary elections applicable
14 pursuant to this subdivision by the amount of such percentage difference
15 to the nearest five one-hundredths of a dollar;
16 (c) adjust each public grant for general elections applicable pursuant
17 to this subdivision by the amount of such percentage difference to the
18 nearest thousand dollars; and
19 (d) publish such adjusted expenditure limitation in the state regis-
20 ter.
21 Such adjusted expenditure limitation shall be in effect for any
22 election held before the next such adjustment.
23 6. Additional funds from the fund shall be awarded to a qualified
24 candidate when the total of campaign expenditures by non-participating
25 candidates who oppose a qualified candidate and independent expenditures
26 directed against the qualified candidate or in support of the qualified
27 candidate's opponent, exceeds one hundred percent of the public grant
28 awarded to the candidate. An additional dollar shall be awarded for each
29 dollar in excess of one hundred percent of the public grant, up to a
30 total of four times the amount of such public grants. The board shall
31 make additional dollars available to the candidate and/or principle
32 committee within twenty-four hours of receiving the report that triggers
33 such additional funds. The campaign finance board shall promulgate any
34 other needed rules and regulations to govern the distribution of addi-
35 tional grants in such amounts and at such times that will ensure quali-
36 fied candidates receive additional funds in an expeditious manner.
37 7. Non-participating candidates and persons or entities making inde-
38 pendent expenditures shall comply with all reporting requirements for
39 political committees and candidates as provided in article fourteen of
40 this chapter and pursuant to the rules and regulations promulgated by
41 the campaign finance board. In addition, during the period commencing
42 thirty days before the date of a covered election in which a qualified
43 candidate is running, non-participating candidates running against a
44 qualified candidate in such election and any person or entity making
45 independent expenditures in support of or in opposition to a qualified
46 candidate in such election shall file a statement with the board report-
47 ing total campaign expenditures made or obligated to be made as of such
48 date, and thereafter shall file additional statements therewith within
49 twenty-four hours whenever total campaign expenditures made, or obli-
50 gated to be made, increase by one thousand dollars or more.
51 § 14-162. Optional public funding for party committees. A political
52 party committee that agrees not to accept contributions totaling more
53 than five thousand dollars from any entity in a calendar year may
54 receive matching funds from the clean elections fund at the rate of two
55 dollars in public funds for every one dollar in private contributions
56 for contributions from registered voters in New York of no more than two
S. 5814--A 23
1 hundred fifty dollars; provided that no political party may receive more
2 than two million five hundred thousand dollars from the New York state
3 clean elections campaign finance fund in a calendar year; and further
4 provided that a political party committee receiving funds pursuant to
5 this section shall in the use of such funds comply with the provisions
6 of subdivision two of section 14-154 of this article.
7 § 14-164. Office holders accounts. A participating candidate who is
8 elected to office in a general or special election may establish an
9 office holder account, as long as such account meets the following
10 requirements:
11 1. the office holder account may only disburse funds during calendar
12 years in which there is no primary or general election for the office
13 held by the participating candidate from January first through July
14 first of the calendar year of the primary or general election for such
15 office;
16 2. the maximum amount of funds that may be deposited in an office
17 holder's account and that may be disbursed from an office holder's
18 account shall be: one hundred thousand dollars for governor; fifty
19 thousand dollars for lieutenant governor, attorney general or comp-
20 troller; twenty-five thousand dollars for state senator; and ten thou-
21 sand dollars for a member of the assembly; and
22 3. the only funds that may be received by an office holder's account
23 are: unspent funds from the candidate's principal committee as estab-
24 lished in section 14-170 of this article and additional funds that are
25 collected from registered voters in the office holder's jurisdiction and
26 that meet the legal requirements of a qualifying contribution pursuant
27 to subdivision thirteen of section 14-150 of this article.
28 All expenditures from office holders accounts must meet all the
29 requirements of law for spending from a political committee and the
30 requirements of section 14-154 of this article.
31 § 14-166. Powers and duties of the state campaign finance board. The
32 campaign finance board shall have such powers and duties in relation to
33 the administration of this article as specified in section 3-101 of this
34 chapter.
35 § 14-168. New York state clean election campaign finance fund. 1.
36 There is hereby established a special fund, to be known as the "New York
37 state clean election campaign finance fund." The monies in such fund may
38 be expended by the campaign finance board only as payments for qualified
39 candidates in accordance with the provisions of this article.
40 2. The fund shall be kept separate and shall be credited with all sums
41 appropriated thereto, any donations received pursuant to subdivision
42 five of this section, all earnings accruing on such funds and any monies
43 realized from the provisions of subdivision three of section 14-172 of
44 this article.
45 3. The moneys in such fund shall be made available to qualified candi-
46 dates by the campaign finance board upon its certification that such
47 candidates qualify for such moneys.
48 4. No moneys shall be made available to any qualified candidate who
49 has been finally disqualified or whose designating or nominating
50 petitions have been finally declared invalid by the applicable board of
51 elections or a court of competent jurisdiction. Any payment from the
52 fund in the possession of such a candidate or his or her authorized
53 committees on the date of such final disqualification or invalidation
54 may not thereafter be expended for any purpose except the payment of
55 liabilities incurred in qualified campaign expenditures before such date
56 and shall be promptly repaid to the fund.
S. 5814--A 24
1 5. The campaign finance board shall be empowered to accept donations
2 to be credited to the fund.
3 6. All qualified candidates who have been defeated in a primary or
4 general election or who fail to remain as a candidate throughout a
5 primary or general election campaign period or who have won in the
6 general election shall return to the fund all unspent money that the
7 candidate received from the fund no later than ninety days after such
8 date except upon written waiver by the campaign finance board for good
9 cause shown in relation to accounts payable outstanding on such date,
10 which waiver may extend such time and may be renewed in like fashion as
11 an original waiver for up to ninety days.
12 7. If at any time the campaign finance board determines that the New
13 York state clean election campaign finance fund does not have sufficient
14 revenues, or is likely to not have sufficient revenues, for payment to
15 qualified candidates under this article in such election cycle, then
16 such board shall report this determination to the comptroller, along
17 with the amount which will be necessary to provide qualifying candidates
18 with financing pursuant to this article and a detailed statement of the
19 assumptions and methodology on which such determination was based. No
20 more than four days after receiving such a determination, the comp-
21 troller shall transfer the amount determined by the campaign finance
22 board to be necessary from the general fund to the New York state clean
23 election campaign finance fund.
24 8. The aggregate amount which may be provided to qualified candidates
25 in any four year election cycle from the fund shall not exceed one-tenth
26 of one percent of the total expenditures made pursuant to appropriations
27 made by law during such time period. If the amount of funds for which
28 qualified candidates have qualified reaches or exceeds this level, the
29 comptroller shall so certify to the campaign finance board, which there-
30 upon shall reduce, by an equal percentage for all qualified candidates
31 and parties then participating, the respective amount of public financ-
32 ing made available thereto.
33 § 14-170. Disbursal of revenue for clean election campaign financing.
34 1. Upon certifying that a candidate or party is eligible for clean
35 election campaign financing, the campaign finance board shall transfer
36 the amount of public funds payable pursuant to this article to the
37 candidate's principal committee or to the party, as the case may be.
38 2. A qualified candidate and his or her representative are prohibited
39 from paying for campaign expenses in any way other than by funds from
40 the candidate's principal committee.
41 3. A petty cash fund may be established consistent with the other
42 provisions of this article.
43 (a) Qualified candidates may have a daily petty cash fund, for daily
44 expenses, including food, newspapers, magazines, public telephones, and
45 other minor necessities unrelated to the direct operating costs of the
46 campaign. The daily maximum amount expendable from such petty cash fund
47 shall be established by the campaign finance board.
48 (b) All cash expenditures in excess of twenty-five dollars shall
49 require a cash receipt specifying the item purchased and its purpose,
50 its cost, and the place of purchase.
51 § 14-172. Examinations; repayments. 1. The state campaign finance
52 board is empowered to examine all matters relating to the performance of
53 its functions and any other matter relating to the proper administration
54 of this article. Such examination shall extend to candidates and parties
55 receiving or applying to receive funds pursuant to this article, to
56 committees of such candidates, and to non-participating candidates,
S. 5814--A 25
1 their authorized committees and persons or entities making independent
2 expenditures to the extent of their compliance with the provisions of
3 this article. Nothing in this section shall be construed to diminish the
4 examination powers of the state board of elections and the office of
5 campaign finance enforcement thereof pursuant to law.
6 2. (a) If the campaign finance board or the office of campaign finance
7 enforcement on its behalf, determines that any portion of the payment
8 made to any recipient thereof from the fund was in excess of the aggre-
9 gate amount of payments that such recipient was eligible to receive
10 pursuant to this article, such board shall notify such recipient, which
11 shall repay to the fund an amount equal to the amount of excess payments
12 no later than thirty days thereafter. In the event that a candidate's
13 principal committee shall fail timely to make such repayment, such
14 candidate shall, within fifteen days of notice of such failure from the
15 board, make such repayment to the fund.
16 (b) If the campaign finance board or the office of campaign finance
17 enforcement on its behalf, determines that any portion of the payment
18 made to such recipient from the fund was used for purposes other than
19 qualified campaign expenditures, then such board shall notify such
20 recipient of the amount so disqualified and such recipient shall repay
21 to the fund an amount equal to such disqualified amount no later than
22 thirty days thereafter. In the event that a candidate's principal
23 committee shall fail timely to make such repayment, such candidate
24 shall, within fifteen days of receiving notice of such failure from the
25 board, make such payment to the fund.
26 (c) If the total of contributions, other receipts, and payments from
27 the fund received by a candidate's principal committee exceed the total
28 campaign expenditures of such committee for all covered elections held
29 in the same calendar year, such committee shall use such excess funds to
30 reimburse the fund for payments received by the principal committee from
31 the fund during such calendar year. Such reimbursement shall be made not
32 later than ten days after all liabilities have been paid but in any
33 event not later than December thirtieth of the year following such
34 calendar year. At the time that all obligations are paid and no later
35 than June thirtieth of the year following such calendar year any and all
36 unspent funds in a principal committee must be transferred to an office
37 holder account up to the maximum allowable amount or paid to the New
38 York state clean election campaign finance fund.
39 3. If a qualified candidate whose principal committee has received
40 clean election campaign funds is disqualified by final order of a court
41 of competent jurisdiction on the grounds that such candidate committed
42 fraudulent acts in order to obtain a place on the ballot and such deci-
43 sion is not reversed, such candidate and/or his or her principal commit-
44 tee shall repay to the New York state clean election campaign finance
45 fund an amount equal to the total of clean election campaign funds
46 received by such principal committee no later than ninety days after
47 entry of such final order.
48 4. All payments and repayments of funds by a candidate, party or
49 committee pursuant to this section shall be in addition to any penalties
50 applicable pursuant to law for the improper receipt, payment or other
51 disbursement of funds by such candidate, party or committee.
52 § 14-174. Enforcement and penalties. The provisions of this article
53 shall be enforced in the manner specified by section 14-132 of this
54 chapter, and violations of this article shall be subject to the civil
55 and criminal penalties specified by section 14-126 of this chapter, and
56 otherwise as provided by law.
S. 5814--A 26
1 § 14-176. Campaigns for office not subject to this article. Contrib-
2 utions, loans, guarantees and other security for such loans used and
3 expenditures made toward the payment of liabilities incurred by a candi-
4 date in an election held prior to the effective date of this section or
5 in which he or she did not choose to participate in the clean election
6 campaign funding provisions of this article, or in a campaign for public
7 office other than a campaign covered by this article, shall not be
8 subject to the requirements and limitations of this article.
9 § 14-178. Quadrennial reports. The campaign finance board shall review
10 and evaluate the effect of this article upon the conduct of election
11 campaigns in the state and shall submit a report to the governor and the
12 legislature on or before the first of September in the calendar year
13 after the effective date of this section, every fourth year thereafter,
14 at any other time upon the request of the governor or the legislature,
15 and at such other times as the board deems appropriate, containing:
16 1. the number, names and offices of candidates qualifying for and
17 choosing to receive clean election campaign funds pursuant to this arti-
18 cle, and of candidates failing to qualify or otherwise not choosing to
19 receive such funds, in each election during the period after the effec-
20 tive date of this article or since the end of the previous four-year
21 reporting period;
22 2. the amount of clean election campaign funds provided to the princi-
23 pal committee of each candidate pursuant to this article and the
24 contributions received and expenditures made by each such candidate and
25 his or her principal committee, in each election during the period after
26 the effective date of this article or since the end of the previous
27 four-year reporting period;
28 3. recommendations as to whether the provisions of this article
29 governing maximum contribution amounts, thresholds for eligibility and
30 expenditure limitations should be amended and setting forth the amount
31 of, and reasons for, any amendments it recommends;
32 4. analysis of the effect of this article on election campaigns,
33 including its effect on the sources and amounts of private financing,
34 the level of campaign expenditures, voter participation, the number of
35 candidates and the candidate's ability to campaign effectively for
36 elected office;
37 5. a review of the procedures utilized in providing funds to candi-
38 dates; and
39 6. such recommendations for changes in this article, or interpretation
40 or enforcement thereof, as it deems appropriate.
41 § 2. The tax law is amended by adding a new section 626-a to read as
42 follows:
43 § 626-a. The New York state clean election campaign finance fund. An
44 individual in any taxable year may elect to have an amount up to one
45 hundred dollars of any tax otherwise payable deposited to the New York
46 state clean election campaign finance fund established in section 14-168
47 of the election law. Such contribution shall not reduce the amount of
48 state tax owed by such individual. The commissioner shall include a
49 space on the personal income tax return to enable a taxpayer to author-
50 ize such deposit. Notwithstanding any other provision of law to the
51 contrary, all revenues collected pursuant to this section shall be cred-
52 ited to the New York state clean election campaign finance fund and used
53 only for those purposes enumerated in section 14-168 of the election
54 law.
55 § 3. The election law is amended by adding a new section 3-101 to read
56 as follows:
S. 5814--A 27
1 § 3-101. State campaign finance board. 1. There shall be a state
2 campaign finance board consisting of five members. One member of such
3 board shall be appointed by the governor, who shall be the chairperson;
4 one member shall be appointed by the temporary president of the senate;
5 one member shall be appointed by the speaker of the assembly; one member
6 shall be appointed by the minority leader of the senate; and one member
7 shall be appointed by the minority leader of the assembly. The members
8 shall first be appointed to serve as follows: the member first appointed
9 by the governor shall serve for a term of five years; the member first
10 appointed by the temporary president of the senate shall serve for a
11 term of three years; the member first appointed by the speaker of the
12 assembly shall serve for a term of three years; the member first
13 appointed by the minority leader of the senate shall serve for a term of
14 two years; and the member first appointed by the minority leader of the
15 assembly shall serve for a term of two years. Thereafter, each member
16 shall be appointed for a term of five years according to the original
17 manner of appointment. In case of a vacancy in the office of a member,
18 such vacancy shall be filled in the manner of the original appointment
19 for the remainder of the unexpired term. Each member shall be a resident
20 of the state and registered to vote therein. Each member shall agree
21 not to make contributions to any candidate for nomination for election,
22 or election, to any office for which such a candidate is eligible to
23 receive clean election funds pursuant to article fourteen-A of this
24 chapter. No member shall be a candidate or participate in any capacity
25 in a campaign by, for or against a candidate for nomination for election
26 or election to any such office, or shall serve as an officer of a poli-
27 tical party. No member otherwise shall be an officer or employee of the
28 state or any instrumentality thereof, a lobbyist, or an employee or
29 agent of any person or organization required to file a statement of
30 registration pursuant to article one-A of the legislative law. No member
31 shall be a candidate, officer, employee, lobbyist or agent for one year
32 before his or her appointment to the board or his or her period of
33 service on the board. Members of the board shall be selected solely on
34 the basis of merit, including relevant experience, and without regard to
35 political affiliation and shall not be disqualified from continuing in
36 office for any reason other than unfitness or inability to perform the
37 duties involved pursuant to law. No member of the board shall be removed
38 from office except for cause and upon notice and hearing.
39 2. The members of the campaign finance board shall be compensated at
40 the rate of one hundred dollars per calendar day when performing the
41 work of the board.
42 3. The campaign finance board shall employ necessary staff, including
43 an executive director and a counsel, and make necessary expenditures
44 subject to appropriation, which appropriation shall be sufficient for
45 such board meaningfully to discharge the powers and duties thereof. The
46 board may employ such staff, including legal and accounting staff, as
47 are necessary for providing technical assistance to prospective and
48 participating candidates, for the purpose of promoting understanding of,
49 participation in, and compliance with the requirements of article four-
50 teen-A of this chapter.
51 4. (a) The campaign finance board shall promulgate, in consultation
52 with the state board of elections, such rules and regulations and
53 provide such forms as it deems necessary for the effective adminis-
54 tration of article fourteen-A of this chapter. The campaign finance
55 board shall promulgate regulations concerning the form in which contrib-
56 utions and expenditures are to be reported, the periods during which
S. 5814--A 28
1 such reports must be filed and the verification required. The campaign
2 finance board shall require the filing of reports of contributions and
3 expenditures for purposes of determining compliance with such article in
4 accordance with the schedule specified by such board for the filing of
5 campaign receipt and expenditure statements. The campaign finance board
6 may also require the filing of additional reports by qualified candi-
7 dates and their principal committees as well as by non-participating
8 candidates and their authorized committees and by persons or entities
9 making independent expenditures, within the meaning of such article.
10 (b) The campaign finance board may render advisory opinions with
11 respect to questions arising under article fourteen-A of this chapter.
12 Such advisory opinions may be rendered on the written request of a
13 candidate, an officer of a political committee or member of the public,
14 or on its own initiative. Such board shall make public its advisory
15 opinions.
16 (c) The campaign finance board, in consultation with the state board
17 of elections, shall develop a program for informing candidates and the
18 public as to the purpose and effect of the provisions of article four-
19 teen-A of this chapter, and to assisting in compliance therewith. The
20 campaign finance board shall prepare and make available educational
21 materials, in plain language, including compliance manuals and summaries
22 and explanations of the purposes and provisions of such article. The
23 campaign finance board shall prepare and make available materials,
24 including, to the extent feasible, computer software, to facilitate the
25 task of compliance with the disclosure and record-keeping requirements
26 of such article; and shall develop a computer database that shall
27 contain all information necessary for the proper administration of such
28 article including information on contributions to and expenditures by
29 parties, candidates and their principal committees and distributions of
30 moneys thereunder, such database to be accessible to the public at all
31 times on the internet. The state board of elections and the campaign
32 finance board shall collaborate to ensure the inter-operability of such
33 database and the electronic reporting system pursuant to subdivision
34 nine-A of section 3-102 of this article.
35 (d) The campaign finance board shall have such other powers as neces-
36 sary and proper, not inconsistent with law, to carry out the provisions
37 of article fourteen-A of this chapter.
38 5. In the discharge of its duties, the board shall consult with, and
39 be entitled to receive the cooperation of, the state board of elections,
40 the commission on public integrity, the inspector general of the state,
41 the attorney-general and the comptroller to the extent necessary or
42 desirable to ensure that rules, regulations and procedures thereof are
43 comprehensible to the public, designed to promote transparency, account-
44 ability and compliance, and are readily able to be applied and enforced
45 timely and to the fullest extent of the law.
46 § 4. This act shall take effect immediately; provided, however, that
47 candidates for state comptroller will be eligible to participate in the
48 voluntary clean election campaign finance system, as established pursu-
49 ant to article fourteen-A of the election law, as added by section one
50 of this act, beginning with the 2012 primary election, and candidates
51 for governor, lieutenant governor, attorney general, and state legisla-
52 ture will be eligible to participate therein beginning with the 2014
53 primary election.
54 § 4. Severability. If any clause, sentence, paragraph, subdivision,
55 section or other part of this act shall be adjudged by any court of
56 competent jurisdiction to be invalid, such judgment shall not affect,
S. 5814--A 29
1 impair or invalidate the remainder thereof but shall be confined in its
2 operation to the clause, sentence, paragraph, subdivision, section or
3 other part thereof directly involved in the controversy in which such
4 judgment shall have been rendered. It is hereby declared to be the
5 intent of the legislature that this act would have been enacted even if
6 such invalid provisions had not been included herein.
7 § 5. This act shall take effect immediately; provided, however, that
8 the applicable effective date of Parts A and B of this act shall be as
9 specifically set forth in the last section of such Parts.
