A08902 Summary:
| BILL NO | A08902A |
| SAME AS | No same as |
| SPONSOR | Silver (MS) |
| COSPNSR | Millman, Carrozza, Wright, Weinstein, Gottfried, Espaillat, Peoples-Stokes |
| MLTSPNSR | Alessi, Benedetto, Bing, Boyland, Brennan, Brodsky, Cahill, Canestrari, Christensen, Clark, Colton, Cook, DelMonte, Dinowitz, Englebright, Fields, Galef, Gantt, Gianaris, Glick, Gordon, Gunther, Hooper, Hoyt, Jacobs, John, Koon, Lancman, Latimer, Lavine, Lentol, Lifton, Lupardo, McEneny, Morelle, Nolan, O'Donnell, Ortiz, Paulin, Peralta, Perry, Pheffer, Pretlow, Reilly, Rivera P, Rosenthal, Scarborough, Sweeney, Weisenberg |
| Amd Art 14, add SS16-103 & 4-115, El L; add S92-t, St Fin L; amd S658, Tax L | |
| Enacts the "2010 campaign finance reform act"; relates to providing for optional partial public financing of certain election campaigns in this state; relates to identification of the source of certain political communications. | |
A08902 Actions:
| BILL NO | A08902A | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/13/2009 | referred to election law | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/16/2009 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/16/2009 | reference changed to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/16/2009 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/16/2009 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/16/2009 | rules report cal.394 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/16/2009 | ordered to third reading rules cal.394 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/16/2009 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/16/2009 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/18/2009 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/06/2010 | DIED IN SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/06/2010 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/06/2010 | ordered to third reading cal.631 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/20/2010 | committed to election law | |||||||||||||||||||||||||||||||||||||||||||||||||
| 05/06/2010 | amend and recommit to election law | |||||||||||||||||||||||||||||||||||||||||||||||||
| 05/06/2010 | print number 8902a | |||||||||||||||||||||||||||||||||||||||||||||||||
A08902 Floor Votes:
Yes
Abbate
Yes
Canestrari
No
Fitzpatrick
Yes
Kellner
No
Oaks
No
Sayward
Yes
Alessi
ER
Carrozza
No
Gabryszak
No
Kolb
Yes
O'Donnell
Yes
Scarborough
Yes
Alfano
No
Castro
Yes
Galef
Yes
Koon
No
O'Mara
Yes
Schimel
No
Amedore
No
Christensen
Yes
Gantt
Yes
Lancman
Yes
Ortiz
Yes
Schimminger
Yes
Arroyo
Yes
Clark
Yes
Gianaris
Yes
Latimer
No
Parment
No
Schroeder
Yes
Aubry
Yes
Colton
Yes
Gibson
Yes
Lavine
Yes
Paulin
No
Scozzafava
No
Bacalles
No
Conte
No
Giglio
Yes
Lentol
Yes
Peoples
Yes
Seminerio
No
Ball
Yes
Cook
Yes
Glick
Yes
Lifton
Yes
Peralta
Yes
Skartados
No
Barclay
No
Corwin
Yes
Gordon
No
Lopez PD
Yes
Perry
Yes
Spano
No
Barra
Yes
Crespo
Yes
Gottfried
Yes
Lopez VJ
Yes
Pheffer
No
Stirpe
ER
Barron
No
Crouch
Yes
Gunther
Yes
Lupardo
Yes
Powell
Yes
Sweeney
Yes
Benedetto
No
Cusick
No
Hawley
No
Magee
Yes
Pretlow
No
Tedisco
Yes
Benjamin
Yes
Cymbrowitz
No
Hayes
No
Magnarelli
No
Quinn
Yes
Thiele
Yes
Bing
Yes
DelMonte
Yes
Heastie
Yes
Maisel
No
Rabbitt
Yes
Titone
Yes
Boyland
Yes
DenDekker
Yes
Hevesi
Yes
Markey
No
Raia
Yes
Titus
No
Boyle
No
Destito
Yes
Hikind
Yes
Mayersohn
No
Ramos
No
Tobacco
Yes
Bradley
Yes
Dinowitz
Yes
Hooper
No
McDonough
No
Reilich
Yes
Towns
Yes
Brennan
No
Duprey
Yes
Hoyt
Yes
McEneny
Yes
Reilly
No
Townsend
Yes
Brodsky
No
Eddington
Yes
Hyer Spencer
No
McKevitt
Yes
Rivera J
No
Walker
Yes
Brook Krasny
Yes
Englebright
Yes
Jacobs
Yes
Meng
Yes
Rivera N
Yes
Weinstein
No
Burling
No
Errigo
Yes
Jaffee
No
Miller
Yes
Rivera PM
Yes
Weisenberg
No
Butler
Yes
Espaillat
Yes
Jeffries
Yes
Millman
Yes
Robinson
Yes
Weprin
Yes
Cahill
Yes
Farrell
Yes
John
No
Molinaro
Yes
Rosenthal
Yes
Wright
No
Calhoun
Yes
Fields
No
Jordan
Yes
Morelle
Yes
Russell
Yes
Zebrowski
Yes
Camara
No
Finch
Yes
Kavanagh
Yes
Nolan
No
Saladino
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A08902 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the election law, in relation to enacting the "2010 Campaign Finance Reform Act"; to amend the election law, the state finance law and the tax law, in relation to providing for optional partial public financing of certain election campaigns in this state; and to amend the election law, in relation to identification of the source of certain political communications SUBJECT AND PURPOSE: To provide optional public financing of campaigns for statewide offices, state legislative offices and constitu- tional convention delegates SUMMARY AND DESCRIPTION OF PROVISIONS: The bill amends Article 14 of the election law to designate the existing law Title I and adds an iden- tification requirement for independent political communications, a filing requirement for independent expenditures and a requirement that certain candidates disclose their intent to spend personal funds in a campaign. It also adds a new Title II to Article 14 to provide for public financ- ing of primary and general election campaigns for statewide office, primary, general and special election campaigns for state legislative office and primary and general election campaigns for constitutional convention delegates. TITLE I PROVISIONS Identification of Independent Political Communications: The bill requires all independent political communications that expressly advo- cate for the election or defeat of a clearly identified, candidate or the success or defeat of a ballot proposal and cost more than $1000 to identify the source of the funding for such communication. Independent Expenditures: The bill requires reporting of independent expenditures that cost more than $1000 and expressly advocates for the election or defeat of a clearly identified candidate or the success or defeat of a ballot proposal. Independent expenditures that occur after the last filing before an election must be reported within 24 hours. Disclosure of the Intent to Use Personal Funds: Within 3 days of the last day to file designating petitions, all candidates for statewide office, state legislative office or constitutional convention delegate must file a statement with the state board of elections disclosing whether the candidate has or will contribute personal funds to his or her committee and estimating the amount of such funds. TITLE II PROVISIONS CRITERIA FOR PARTICIPATION: To be eligible for public financing, a candidate for nomination or election to a statewide office, state legislative office or as a consti- tutional convention delegate must satisfy the legal requirements for having his or her name on the ballot, elect to participate in the public financing system, meet the threshold for eligibility and agree to file required statements, authorize a single participating committee; and identify the source of all campaign material. ELIGIBILITY THRESHOLD: Governor: Must collect not less than $900,000 from at least 9,000 match- able contributions made up of sums of up to $250 per individual contrib- utor who resides in New York state. Lt. Governor (primary only), Attorney Gen. & Comptroller: Must collect not less than $300,000 from at least 3,000 matchable contributions made up of sums of up to $250 per individual contributor who resides in New York Sate. Senate: Must collect not less than $25,000 from at least 250 matchable contributions made up of sums of up to $250 per individual contributor who resides in New York state including at least $12,500 from at least 125 individual contributors who reside in the senate district in which the seat is to be filled. Assembly: Must collect not less than $10,300 from at least 100 matchable contributions made up of sums of up to $250 per individual contributor who resides in New York state including at least $5,000 from at least 50 individual contributors who reside in the assembly district in which the seat is to be filled. At-large Delegate to a Constitutional Convention: Must collect not less than $25,000 from at least 250 matchable contributions made up of sums of up to $250 per individual contributor who resides in New York State. District Delegate to a Constitutional Convention: Must collect not less than $5,000 from at least 50 matchable contributions made up of sums of up to $250 per individual contributor who resides in the district in which the seat is to be filled. MATCHABLE CONTRIBUTIONS: May be collected after January first of the year of the primary or general election. For a special election, may be collected up to six months before the election. Consist of the net amount of contributions after deduction of the value of any food, drink or entertainment provided in exchange for the contribution. Only contributions from persons who reside in New York State are matchable. THE MATCH: Eligible contributions up to $250 are matched at the rate of $4 for every $1. TRIGGERS: If, however, a candidate who dots not elect to receive public funds raises, spends or contributes his or her own personal funds in an amount greater than the expenditure limit established for such office for candidates participating in the public financing system, an additional grant of public funds is given to the participating candidate. GRANTS: A participating candidate may receive up to four grants equaling 25% of the amount of public funds previously received by the candidate as a match for matchable contributions obtained and reported to the state board of elections. Each of the grants is added to the original expendi- ture limit, effectively creating a new TRIGGER for the next grant when the nonparticipating candidate raises, spends or contributes his or her own personal funds in an amount greater than the new expenditure limit. MISC. RULES: To receive public funds for a primary election, a participating candi- date must agree to receive public funding for the general election. Participating candidates who are unopposed in a primary election may not receive public funds. Participating candidates whose opponents don't raise or spend 10% of the expenditure limit are deemed unopposed. Participating candidates that are unopposed may raise private funds of up to 50% of the expenditure limit if there is a contest in the primary for at least one other party for such office. Such funds may only be raised with contributions of up to $2000 per contributor. Candidates who are challenged in a primary and who do not seek public funds are not eligible for public funds for the general election. Candidates who are unopposed in a general or special election may not receive public funds. PERMISSIBLE AND PROHIBITED USES OF PUBLIC FUNDS: Public funds may be used only for qualified campaign expenditures during the year of the primary or general election. For a special election, such funds may only be used in the 3 months prior to the election. They may not be used for expenditures in violation of law, for payments to a candidate or to a relative of the candidate. (or to any business entity of which such a person is an officer or employee or has a ten percent or greater ownership interest), for payments in excess of fair market value, for any expenditure after the candidate or the candidate's only remaining opponent has been disqualified (until and unless reversed), to challenge an opponent's petitions or certificates, for non-campaign related food, drink or entertainment, or for gifts (except brochures, buttons, signs and other campaign material). CONTRIBUTION LIMIT: All candidates who choose to participate in the public financing system have a contribution limit of $2,000 per contributor. Expenditure Limits: The following expenditure limits apply to all candidates who participate in the public financing system: General Election Primary Governor $12,000,000 1.1 per enrolled voter or $600,000, whichever is more, but not to exceed $6,000,000 Lt. Governor -- $1.1 per enrolled voter o $300,000, whichever is more, but not to exceed $3,000,000 Attorney General & $6,000,000 Same as Lt, Governor Comptroller State Senator $350,000 $2.50 per enrolled voter or $35,000, whichever is more, but not to exceed $350,000 Member of Assembly $150,000 $2.50 per enrolled voter or $15,000, whichever is more, but not to exceed $150,000 At-Large Delegate $350,000 $.15 per enrolled voter or $75,000, whichever is more, but not to exceed $175,000 District Delegate $75,000 $1.10 per enrolled voter in the district or $5,000, whichever is more, but not to exceed $50,000 PARTY EXPENDITURES IN SUPPORT OF PARTICIPATING CANDIDATES: Notwithstanding the expenditure limits for participating candidates, state party committees may make the following expenditures for services to participating candidates: Gov. and Lt. Gov. $2,500,000 Att. Gen or Comp. $1,000,000 Senate $100,000 State Assembly $50,000 At-large Delegate $50,000 District Delegate $10,000 * Transfers to a participating candidate tray constitute up to 25% of such party expenditures. TAX CHECK-OFF: The bill provides an income tax check-off of $5. Such monies would be paid into a separate fund, known as the New York State Campaign Finance Fund. If the state campaign finance fund lacks the money to pay all properly certified claims, the deficiency will be paid from the general fund. PENALTIES: TITLE: I The knowing and willful failure to identify the source of campaign communications will subject the candidate to a civil fine equal to $1000 or the cost of the communication, whichever is greater. A failure to file the statements required for an independent expenditure shall subject the person or entity to a cavil fine of $500. A knowing and willful failure to file the statement required regarding the use of personal funds in a campaign shall subject the candidate to a civil fine of up to $5000. TITLE II The failure to make proper campaign finance filings, as required by Title II and rules and regulations promulgated thereunder, shall subject the offender to a civil penalty of up to $5000. If a participating candidate's aggregate Expenditures exceed the expend- iture limitations, the candidate is liable for a civil penalty in an amount equal to three times- the amount of the excess. LEGISLATIVE HISTORY: A11507-a of 2008. JUSTIFICATION: This public financing bill provides a comprehensive yet balanced approach to the public financing of political campaigns. It contains significant but realistic limitations on expenditures and contribution receipts, a means for recovering public funds when they are unspent, excessive or used for prohibited purposes, and penalties for violations of the filing requirements or the expenditure limitations for participants. The hybrid "matching plus grant" structure of the program has several advantages. It will reduce the amount of time a candidate must spend raising money, leaving more time to address the issues that are impor- tant to the public. The matching component allows for participation by private citizens throughout the campaign while also conserving resources by ensuring that only candidates who can show substantial voter support and face opposition will be eligible to receive public funds. The grant components containing 4 separate triggers, allows candidates that are outspent to remain competitive without giving a participating candidate an unnecessary windfall. The identification requirement for independent political communications, the filing requirement for independent expenditures and the requirement that candidates disclose their intent to spend personal funds in a campaign provide both participants and non-participants with information necessary to formulate their campaign strategy. The opportunity for party committees to make limited expenditures in support of participat- ing candidates provides flexibility to both the candidates and the parties. Overall, the bill strikes a balance that allows challengers and incum- bents to compete fairly while capping the amount of public funds that will be expended. FISCAL IMPLICATIONS: There will be no cost in 2009. In 2010, there could be costs associated with participating candidates seeking election to the office of State comptroller. There would be no cost in 2011, 2012 and 2013. In 2014, there could be costs associated with participating candidates seeking election to a statewide office and constitutional delegate. There will be no cost in 2015. In 2016, there could be costs associated with participating candidates seeking election to state legislative office. There would be no cost in 2017. In 2018, there could be costs associated with participating candidates seeking election to a statewide office, state legislative office and constitutional dele- gate. Other states that have public financing systems in place have had very low participation rates at first with increasing participation in later elections. The long term cost of the system in New York is unknown. EFFECTIVE DATE: This act takes effect immediately; provided, however, that candidates for state comptroller will be eligible to participate in the public financing system beginning with the 2010 election, all state- wide candidates and constitutional delegates will be eligible to partic- ipate in 2014 and state legislative candidates will be eligible to participate in 2016.
A08902 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 8902--A 2009-2010 Regular Sessions IN ASSEMBLY June 13, 2009 ___________ Introduced by M. of A. SILVER, MILLMAN, CARROZZA, WRIGHT, WEINSTEIN, GOTTFRIED, ESPAILLAT, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A. ALESSI, BENEDETTO, BING, BOYLAND, BRENNAN, BRODSKY, CAHILL, CANES- TRARI, CHRISTENSEN, CLARK, COLTON, COOK, DelMONTE, DINOWITZ, ENGLE- BRIGHT, FIELDS, GALEF, GANTT, GIANARIS, GLICK, GORDON, GUNTHER, HOOP- ER, HOYT, JACOBS, JOHN, KOON, LANCMAN, LATIMER, LAVINE, LENTOL, LIFTON, LUPARDO, McENENY, MORELLE, NOLAN, O'DONNELL, ORTIZ, PAULIN, PERRY, PHEFFER, PRETLOW, REILLY, P. RIVERA, ROSENTHAL, SCARBOROUGH, SWEENEY, WEISENBERG -- read once and referred to the Committee on Election Law -- committed to Election Law -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the election law, in relation to enacting the "2010 Campaign Finance Reform Act"; to amend the election law, the state finance law and the tax law, in relation to providing for optional partial public financing of certain election campaigns in this state; and to amend the election law, in relation to identification of the source of certain political communications The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "2010 Campaign Finance Reform Act". 3 § 2. Legislative findings and declaration. The legislature declares 4 that it is in the public interest to create and ensure a truly democrat- 5 ic political system in which citizens, irrespective of their income, 6 status, or financial connections, are enabled and encouraged to compete 7 for public office. Therefore, the legislature finds it necessary to 8 establish a system of public financing for all qualified candidates for 9 state elective offices and constitutional convention delegates. 10 § 3. The article heading of article 14 of the election law is amended 11 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14376-06-0A. 8902--A 2 1 CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING 2 § 4. Section 14-100 of the election law is amended by adding three new 3 subdivisions 12, 13, and 14 to read as follows: 4 12. "clearly identified candidate" means that: 5 (a) the name of the candidate involved appears; 6 (b) a photograph or drawing of the candidate appears; or 7 (c) the identity of the candidate is apparent by unambiguous refer- 8 ence. 9 13. "general public audience" means an audience composed of members of 10 the public, including a targeted subgroup of members of the public; 11 provided, however, it does not mean an audience solely comprised of 12 members, retirees and staff of a labor organization or their immediate 13 family members or an audience solely comprised of employees of a busi- 14 ness entity. 15 14. "labor organization" means any organization of any kind which 16 exists for the purpose, in whole or in part, of representing employees 17 employed within the state of New York in dealing with employers or 18 employer organizations or with a state government, or any political or 19 civil subdivision or other agency thereof, concerning terms and condi- 20 tions of employment, grievances, labor disputes, or other matters inci- 21 dental to the employment relationship. For the purposes of this arti- 22 cle, each local, parent national or parent international organization of 23 a statewide labor organization, and each statewide federation receiving 24 dues from subsidiary labor organizations, shall be considered a separate 25 labor organization. 26 § 5. Section 14-106 of the election law, as amended by chapter 8 of 27 the laws of 1978, is amended to read as follows: 28 § 14-106. Political [advertisements and literature] communication. 29 The statements required to be filed under the provisions of this article 30 next succeeding a primary, general or special election shall be accompa- 31 nied by a [facsimile or] copy of all broadcast, cable or satellite sche- 32 dules and scripts, advertisements, pamphlets, circulars, flyers, 33 brochures, letterheads and other printed matter purchased or produced 34 [and a schedule of all radio or television time, and scripts used there-35in], and reproductions of statements or information conveyed to five 36 hundred or more members of a general public audience by computer or 37 other electronic device, purchased in connection with such election by 38 or under the authority of the person filing the statement or the commit- 39 tee or the person on whose behalf it is filed, as the case may be. Such 40 [facsimiles,] copies, schedules and scripts shall be preserved by the 41 officer with whom or the board with which it is required to be filed for 42 a period of one year from the date of filing thereof. 43 § 5-a. The election law is amended by adding a new section 14-107 to 44 read as follows: 45 § 14-107. Independent expenditure reporting. 1. For purposes of this 46 article: 47 (a) "Independent expenditure" means an expenditure made by a person 48 for an audio or video communication to a general public audience via 49 broadcast, cable or satellite or a written communication to a general 50 public audience via advertisements, pamphlets, circulars, flyers, 51 brochures, letterheads or other printed matter and statements or infor- 52 mation conveyed to five hundred or more members of a general public 53 audience by computer or other electronic devices which: (i) expressly 54 advocates the election or defeat of a clearly identified candidate or 55 the success or defeat of a ballot proposal and (ii) such candidate, theA. 8902--A 3 1 candidate's political committee or its agents, or a political committee 2 formed to promote the success or defeat of a ballot proposal or its 3 agents, did not authorize, request, suggest, foster or cooperate in any 4 such communication. 5 (b) Independent expenditures do not include: 6 (i) a communication appearing in a written news story, commentary, or 7 editorial or distributed through the facilities of any broadcasting 8 station, cable or satellite unless such publication or facilities are 9 owned or controlled by any political party, political committee or 10 candidate; or 11 (ii) a communication that constitutes a candidate debate or forum; or 12 (iii) a communication which constitutes an expenditure made by an 13 entity required to report such expenditure with a board of elections. 14 (c) For purposes of this section, the term "person" shall mean person, 15 group of persons, entity, organization or association. 16 2. Whenever any person makes an independent expenditure that costs 17 more than one thousand dollars in the aggregate, such communication 18 shall clearly state the name of the person who paid for, or otherwise 19 published or distributed, the communication and state, with respect to 20 communications regarding candidates, that the communication is not 21 authorized by any candidate, any candidate's political committee or any 22 of its agents. A knowing and willful violation of the provisions of 23 this subdivision shall subject the person to a civil penalty equal to 24 one thousand dollars or the cost of the communication, whichever is 25 greater, in a special proceeding or civil action brought by the state 26 board of elections. 27 3. (a) Any person which makes independent expenditures that cost more 28 than one thousand dollars in the aggregate shall report such independent 29 expenditures to the state board of elections on statements as provided 30 for in section 14-108 of this article. 31 (b) Any independent expenditure made after the close of the period to 32 be covered in the last statement filed before any primary, general or 33 special election, but before such election, shall be reported within 34 twenty-four hours in the same manner as provided for in subdivision two 35 of section 14-108 of this article. 36 4. Each such statement shall include: 37 (a) the name and address of the person making the statement; 38 (b) the name and address of the person making the independent expendi- 39 ture; 40 (c) the name and address of any person or entity providing a gift, 41 loan, advance or deposit of one hundred dollars or more for the inde- 42 pendent expenditure, or the provision of services for the same, and the 43 date it was given; provided, however, the name and address of a member 44 of a labor organization is not required for a gift, loan, advance or 45 deposit of one hundred dollars or more to a labor organization or a 46 labor organization political action committee; 47 (d) the dollar amount paid for each independent expenditure, the name 48 and address of the person or entity receiving the payment, the date the 49 payment was made and a description of the independent expenditure; and 50 (e) the election to which the independent expenditure pertains and the 51 name of the clearly identified candidate or the ballot proposal refer- 52 enced. 53 5. Any report made pursuant to this section shall include a copy of 54 all materials that pertain to the independent expenditure, including but 55 not limited to broadcast, cable or satellite schedule and scripts,A. 8902--A 4 1 advertisements, pamphlets, circulars, flyers, brochures, letterheads and 2 other printed matter. 3 6. Any report of a loan that is made for an independent expenditure 4 shall include written evidence of the indebtedness. 5 7. Every statement required to be filed pursuant to this section shall 6 be filed by electronic reporting process or overnight mail to the state 7 board of elections. 8 8. The state board of elections shall promulgate regulations with 9 respect to the statements required to be filed by this section and shall 10 provide forms suitable for such statements. 11 § 5-b. Section 14-112 of the election law, as amended by chapter 930 12 of the laws of 1981, is amended to read as follows: 13 § 14-112. Political committee authorization statement. 1. Any poli- 14 tical committee aiding or taking part in the election or nomination of 15 any candidate, other than by making contributions, shall file, in the 16 office in which the statements of such committee are to be filed pursu- 17 ant to this article, either a sworn verified statement by the treasurer 18 of such committee that the candidate has authorized the political 19 committee to aid or take part in his election or that the candidate has 20 not authorized the committee to aid or take part in his election. 21 2. No later than three days after the last day to file designating 22 petitions, a candidate for statewide office, state legislative office or 23 constitutional convention delegate shall file a statement with the state 24 board of elections stating whether the candidate has or will contribute 25 personal funds to his or her authorized committee for use in such 26 election and an estimate of the amount of personal funds contributed or 27 to be contributed. The knowing and willful failure to file the state- 28 ment required by this subdivision shall subject the candidate to a civil 29 penalty not to exceed five thousand dollars in a special proceeding or 30 civil action brought by the state board of elections. 31 § 5-c. Section 14-126 of the election law, as amended by chapter 8 of 32 the laws of 1978, subdivision 1 as amended by chapter 128 of the laws of 33 1994, subdivisions 2, 3, and 4 as redesignated by chapter 9 of the laws 34 of 1978, is amended to read as follows: 35 § 14-126. Violations; penalties. 1. Any person who fails to file a 36 statement required to be filed by this article shall be subject to a 37 civil penalty, not in excess of five hundred dollars, to be recoverable 38 in a special proceeding or civil action to be brought by the state board 39 of elections or other board of elections. 40 2. Any person who knowingly and willfully fails to identify independ- 41 ent expenditures as required by subdivision two of section 14-107 or 42 knowingly and willfully fails to file the statement required by subdivi- 43 sion two of section 14-112 shall be subject to a civil penalty in a 44 special proceeding or civil action brought by the state board of 45 elections. 46 [2.] 3. Any person who knowingly and willfully fails to file a state- 47 ment required to be filed by this article within ten days after the date 48 provided for filing such statement or any person who knowingly and will- 49 fully violates any other provision of this article shall be guilty of a 50 misdemeanor. 51 [3.] 4. Any person who knowingly and willfully contributes, accepts or 52 aids or participates in the acceptance of a contribution in an amount 53 exceeding an applicable maximum specified in this article shall be guil- 54 ty of a misdemeanor. 55 [4.] 5. Any person who shall, acting on behalf of a candidate or poli- 56 tical committee, knowingly and willfully solicit, organize or coordinateA. 8902--A 5 1 the formation of activities of one or more unauthorized committees, make 2 expenditures in connection with the nomination for election or election 3 of any candidate, or solicit any person to make any such expenditures, 4 for the purpose of evading the contribution limitations of this article, 5 shall be guilty of a class E felony. 6 § 6. Sections 14-100 through 14-130 of article 14 of the election law 7 are designated title 1 and a new title heading is added to read as 8 follows: 9 CAMPAIGN RECEIPTS AND EXPENDITURES 10 § 7. Article 14 of the election law is amended by adding a new title 2 11 to read as follows: 12 TITLE II 13 PUBLIC FINANCING 14 Section 14-200. Definitions. 15 14-202. Eligibility. 16 14-204. Qualified campaign expenditures. 17 14-206. Optional public financing. 18 14-208. Contribution and receipt limitations. 19 14-210. Expenditure limitations. 20 14-212. Examinations and audits; repayments. 21 14-214. Civil penalties. 22 § 14-200. Definitions. As used in this title, unless another meaning 23 is clearly indicated: 24 1. The term "state board" shall mean the state board of elections. 25 2. The term "eligible candidate" shall mean a candidate for nomination 26 or election to any of the offices of governor, lieutenant governor, 27 comptroller, attorney general, member of the state legislature, at-large 28 delegate to a constitutional convention or district delegate to a 29 constitutional convention. 30 3. The term "participating committee" shall mean a single political 31 committee which a candidate certifies is the committee that will solely 32 be used to participate in the public financing system established by 33 this title after January first of the year in which the primary, general 34 or special election is held for the public office sought. A multi-can- 35 didate committee may not be a participating committee. 36 4. The term "participating candidate" shall mean a candidate who is 37 eligible to participate in the optional public financing system estab- 38 lished by this title, has met the threshold for eligibility and has 39 elected to participate in the public financing system. 40 5. The term "matchable contributions" shall mean that portion of the 41 aggregate contributions made (a) in the case of a primary or general 42 election, after January first of the year in which the primary or gener- 43 al election is held for the public office sought or (b) in the case of a 44 special election, within six months of such election by natural persons 45 resident in the state of New York to a candidate for nomination or 46 election to any of the offices covered by the provisions of this title 47 which do not exceed two hundred fifty dollars, which have been reported 48 in full by the candidate's participating committee to the state board, 49 including the contributor's full name and residential address. "Matcha- 50 ble contributions" shall be the net amount of any monetary contribution 51 realized by a candidate or designated committee after deducting the 52 reasonable value of any goods or services provided the contributor in 53 connection with the contribution, except that contributions from any 54 person who has received a payment or anything of value from such commit-A. 8902--A 6 1 tee or from a person who is an officer, director or employee of, or a 2 person who has a ten percent or greater ownership interest in any entity 3 which has received such a payment or thing of value shall not be matcha- 4 ble. A loan may not be treated as a matchable contribution. 5 6. The term "qualified campaign expenditure" shall mean an expenditure 6 for which public funds may be used. 7 7. The term "fund" shall mean the New York state campaign finance 8 fund. 9 8. The term "threshold for eligibility" shall mean the amount of total 10 matchable contributions that the participating committee of an otherwise 11 eligible candidate must receive, as required by section 14-202 of this 12 title, in order to qualify for optional public financing pursuant to 13 this title. 14 9. The term "contribution" shall have the same meaning as in subdivi- 15 sion nine of section 14-100 of this article. 16 § 14-202. Eligibility. 1. To be eligible for optional public financing 17 under this title, a candidate for nomination or election must: 18 (a) Meet all the requirements of this chapter and other provisions of 19 law to have his or her name on the ballot; 20 (b) Be a candidate for statewide office, the state legislature or 21 delegate to a constitutional convention at a primary, general or special 22 election and meet the threshold for eligibility set forth in subdivision 23 two of this section; 24 (c) Elect to participate in the public financing system established by 25 this title not later than seven days after the last day to file desig- 26 nating petitions for the office such candidate is seeking or, in the 27 case of a special election, not later than the last day to file nominat- 28 ing certificates for such office; 29 (d) Agree to obtain and furnish to the state board any evidence it may 30 reasonably request relating to his or her campaign expenditures or 31 contributions and furnish such other proof of compliance with this title 32 as may be requested by the state board; 33 (e) Have a single authorized political committee which he or she 34 certifies as the participating committee for the purposes of this title; 35 and 36 (f) Agree to identify accurately in all campaign materials the person 37 or entity that paid for such campaign material. 38 2. The threshold for eligibility for public funding for candidates in 39 a primary, general or special election for the following offices shall 40 be: 41 (a) Governor in a primary or general election. Not less than nine 42 hundred thousand dollars from at least nine thousand matchable contrib- 43 utions made up of sums of up to two hundred fifty dollars per individual 44 contributor who resides in New York state. 45 (b) Lieutenant governor in a primary election and comptroller or 46 attorney general in a primary or general election. Not less than three 47 hundred thousand dollars from at least three thousand matchable contrib- 48 utions made up of sums of up to two hundred fifty dollars per individual 49 contributor who resides in New York state. 50 (c) Members of the state senate in a primary, general or special 51 election. Not less than twenty-five thousand dollars from at least two 52 hundred fifty matchable contributions made up of sums of up to two 53 hundred fifty dollars per individual contributor who resides in New York 54 state including at least twelve thousand five hundred dollars from at 55 least one hundred twenty-five individual contributors who reside in the 56 senate district in which the seat is to be filled.A. 8902--A 7 1 (d) Members of the assembly in a primary, general or special election. 2 Not less than ten thousand dollars from at least one hundred matchable 3 contributions made up of sums of up to two hundred fifty dollars per 4 individual contributor who resides in New York state including at least 5 five thousand dollars from at least fifty individuals who reside in the 6 assembly district in which the seat is to be filled. 7 (e) At-large delegate to a constitutional convention in a primary or 8 general election. Not less than twenty-five thousand dollars from at 9 least two hundred fifty matchable contributions made up of sums of up to 10 two hundred fifty dollars per individual contributor who resides in New 11 York state. 12 (f) District delegate to a constitutional convention in a primary or 13 general election. Not less than five thousand dollars from at least 14 fifty matchable contributions made up of sums of up to two hundred fifty 15 dollars per individual contributor who resides in the district in which 16 the seat is to be filled. 17 3. In order to be eligible to receive public funds in a primary 18 election a candidate must agree, that in the event such candidate is a 19 candidate for such office in the general election in such year, that 20 such candidate will be bound by the provisions of this title, including, 21 but not limited to, the receipt and expenditure limits of this title. 22 4. Candidates who are contested in a primary election and who do not 23 seek public funds shall not be eligible for public funds for the general 24 election in that year. The provisions of this subdivision shall not 25 apply to candidates for the office of lieutenant governor. 26 5. Candidates who are unopposed in a general or special election shall 27 not be eligible to receive public funds. 28 6. No candidate for election to an office in a primary, general or 29 special election who has elected to participate in the public financing 30 system shall be deemed opposed and receive public funds unless at least 31 one other candidate for such office in such election who also elected to 32 participate in the public financing system, or such candidate's commit- 33 tee, or at least one other candidate for such office in such election 34 who has not elected to participate, or such candidate's committee, have 35 either spent, contracted or obligated to spend, or have contributed such 36 candidate's personal funds to such candidate's committee or have 37 received in loans or contributions, an amount exceeding ten percent of 38 the expenditure limit for such office in such election which is fixed by 39 this title for candidates who have elected to accept such public funds. 40 If any candidate for an office and the committee of such candidate 41 reaches the threshold to qualify to receive public funds, or spends, 42 contracts or obligates to spend, or contributes such candidate's 43 personal funds to such candidate's committee or receives in loans or 44 contributions, an amount exceeding ten percent of the expenditure limit 45 for such office in such election at any time after the filing deadline 46 for the last report required to be filed before the first distribution 47 of public funds for such election, such candidate or committee must 48 notify the state board of that fact within twenty-four hours in the same 49 manner as provided in subdivision two of section 14-108 of this article. 50 § 14-204. Qualified campaign expenditures. 1. Public funds provided 51 under the provisions of this title may only be used for expenditures by 52 the participating committee authorized by the candidate to make expendi- 53 tures on such candidate's behalf, to further the candidate's nomination 54 or election after January first of the year in which the primary or 55 general election is held for the office sought, for services, materials, 56 facilities or other things of value used during that campaign cycle or,A. 8902--A 8 1 in the case of a special election, for expenditures during the period 2 commencing three months before and ending one month after such special 3 election. The total of all expenditures made by the candidate and such 4 candidate's participating committee, including all payments received 5 from the fund, shall not exceed the expenditure limitations established 6 in section 14-210 of this title, except insofar as such payments are 7 made to repay loans used to pay campaign expenditures. 8 2. Such public funds may not be used for: 9 (a) An expenditure in violation of any law of the United States or of 10 this state; 11 (b) Payments or anything of value given or made to the candidate, a 12 relative of the candidate, or to a business entity in which any such 13 person has a ten percent or greater ownership interest or of which any 14 such person is an officer, director or employee; 15 (c) Payment in excess of the fair market value of services, materials, 16 facilities or other things of value received in exchange; 17 (d) Any expenditure made after the participating candidate, or the 18 only remaining opponent of such candidate, has been disqualified or had 19 such candidate's petitions declared invalid by a board of elections or a 20 court of competent jurisdiction until and unless such finding is 21 reversed by a higher authority. 22 (e) Any expenditure made to challenge the validity of any petition of 23 designation or nomination or any certificate of nomination, acceptance, 24 authorization, declination or substitution; 25 (f) Expenditure for noncampaign related food, drink or entertainment; 26 and 27 (g) Gifts, except brochures, buttons, signs and other campaign materi- 28 al. 29 § 14-206. Optional public financing. 1. Participating candidates for 30 nomination or election in primary, general and special elections may 31 obtain payment to a participating committee from public funds for quali- 32 fied campaign expenditures. No such public funds shall be paid to a 33 participating committee until the candidate has qualified to appear on 34 the ballot and filed a sworn statement with the state board electing to 35 participate in the optional public financing system and agreeing to 36 abide by the requirements of this title. Payments shall not exceed the 37 amounts specified in this title, and shall be made only in accordance 38 with the provisions of this title. Such payments may only be made to a 39 participating candidate's participating committee. No public funds shall 40 be used except as reimbursement or payment for qualified campaign 41 expenditures actually and lawfully incurred or to repay loans used to 42 pay qualified campaign expenditures. 43 2. The participating committee of each participating candidate shall 44 be entitled to four dollars in public funds for each one dollar of 45 matchable contributions obtained and reported to the state board in 46 accordance with the provisions of this title, provided, however, such 47 public funds shall only be used for qualified campaign expenditures. 48 3. (a) However, if any candidate in any election for an office for 49 which public funds are available pursuant to the provisions of this 50 title, elects not to accept public funds and such candidate or such 51 candidate's committee either spends, contracts or obligates to spend, or 52 contributes such candidate's personal funds to such candidate's commit- 53 tee or receives in loans or contributions, an amount exceeding the 54 expenditure limit for such office, as fixed by this title for candidates 55 who have elected to accept public funds, then (i) such candidate or 56 committee must notify the state board of the fact within twenty-fourA. 8902--A 9 1 hours via the internet using the electronic filing system established by 2 the state board, or if such candidate does not file electronically via 3 the internet, by facsimile or overnight mail; and (ii) the participating 4 committee of each participating candidate for such office shall be enti- 5 tled to a grant of public funds equal to twenty-five percent of the 6 total amount of public funds received by the participating candidate for 7 matchable contributions obtained and reported to the state board. Such 8 grant shall be paid within two business days and shall only be used for 9 qualified campaign expenditures. 10 (b) However, if any candidate in any election for an office for which 11 public funds are available pursuant to the provisions of this title, 12 elects not to accept public funds and such candidate or such candidate's 13 committee either spends, contracts or obligates to spend, or contributes 14 such candidate's personal funds to such candidate's committee or 15 receives in loans or contributions, an amount exceeding the total of the 16 expenditure limit for such office, as fixed by this title for candidates 17 who have elected to accept public funds, plus the twenty-five percent 18 grant already received by the participating candidate, then (i) such 19 candidate or committee must notify the state board of the fact within 20 twenty-four hours via the internet using the electronic filing system 21 established by the state board, or if such candidate does not file elec- 22 tronically via the internet, by facsimile or overnight mail; and (ii) 23 the participating committee of each participating candidate for such 24 office shall be entitled to an additional grant of public funds equal to 25 twenty-five percent of the total amount of public funds received by the 26 participating candidate for matchable contributions obtained and 27 reported to the state board. Such grant shall be paid within two busi- 28 ness days and shall only be used for qualified campaign expenditures. 29 (c) However, if any candidate in any election for an office for which 30 public funds are available pursuant to the provisions of this title, 31 elects not to accept public funds and such candidate or such candidate's 32 committee either spends, contracts or obligates to spend, or contributes 33 such candidate's personal funds to such candidate's committee or 34 receives in loans or contributions, an amount exceeding the total of the 35 expenditure limit for such office, as fixed by this title for candidates 36 who have elected to accept public funds, plus the fifty percent total 37 aggregate grant already received by the participating candidate, then 38 (i) such candidate or committee must notify the state board of the fact 39 within twenty-four hours via the internet using the electronic filing 40 system established by the state board, or if such candidate does not 41 file electronically via the internet, by facsimile or overnight mail; 42 and (ii) the participating committee of each participating candidate for 43 such office shall be entitled to an additional grant of public funds 44 equal to twenty-five percent of the total amount of public funds 45 received by the participating candidate for matchable contributions 46 obtained and reported to the state board. Such grant shall be paid with- 47 in two business days and shall only be used for qualified campaign 48 expenditures. 49 (d) However, if any candidate in any election for an office for which 50 public funds are available pursuant to the provisions of this title, 51 elects not to accept public funds and such candidate or such candidate's 52 committee either spends, contracts or obligates to spend, or contributes 53 such candidate's personal funds to such candidate's committee or 54 receives in loans or contributions, an amount exceeding the total of the 55 expenditure limit for such office, as fixed by this title for candidates 56 who have elected to accept public funds, plus the seventy-five percentA. 8902--A 10 1 total aggregate grant already received by the participating candidate, 2 then (i) such candidate or committee must notify the state board of the 3 fact within twenty-four hours via the internet using the electronic 4 filing system established by the state board, or if such candidate does 5 not file electronically via the internet, by facsimile or overnight 6 mail; and (ii) the participating committee of each participating candi- 7 date for such office shall be entitled to an additional grant of public 8 funds equal to twenty-five percent of the total amount of public funds 9 received by the participating candidate for matchable contributions 10 obtained and reported to the state board. Such grant shall be paid with- 11 in two business days and may only be used for qualified campaign expend- 12 itures. 13 4. (a) No participating candidate for nomination for an office who is 14 unopposed in a primary election shall be entitled to payment from the 15 fund for qualified campaign expenditures. 16 (b) Where there is a contest in such primary for the nomination of at 17 least one other party for such office, the participating committee of an 18 unopposed participating candidate for nomination may raise and spend an 19 amount equal to one-half the expenditure limit for such office, as fixed 20 by this title for candidates who have elected to accept public funds, 21 with contributions of up to two thousand dollars per contributor. Such 22 payment can only be expended for property, services or facilities used 23 on or before the date of such primary election. 24 5. The state board shall promptly examine all reports of contributions 25 to determine whether, on their face, they meet the requirements for 26 matchable contributions, and shall keep a record of such contributions. 27 6. The state board shall promulgate regulations for the certification 28 of the amount of funds payable by the comptroller, from the fund estab- 29 lished pursuant to section ninety-two-t of the state finance law, to a 30 participating candidate that has qualified to receive such payment. 31 These regulations shall include the promulgation and distribution of 32 forms on which contributions and expenditures are to be reported, the 33 periods during which such reports must be filed and the verification 34 required. The state board shall institute procedures which will make 35 possible payment by the fund within four business days after receipt of 36 the required forms and verifications. 37 § 14-208. Contribution and receipt limitations. 1. In any primary, 38 special or general election for any statewide office, state legislative 39 office or constitutional convention delegate no contributor may make a 40 contribution to any participating candidate or such candidate's partic- 41 ipating committee, and no participating candidate or participating 42 committee may accept any contribution from any contributor which, in the 43 aggregate amount, is greater than two thousand dollars. 44 2. (a) Notwithstanding the expenditure limit for such office as fixed 45 by this title for candidates who have elected to accept public funds, a 46 participating candidate for governor or lieutenant governor in a primary 47 or general election or such candidate's participating committee may 48 accept from a state party committee which has nominated such candidate 49 services in an amount which, in the aggregate, does not exceed two 50 million five hundred thousand dollars; provided, however, that twenty- 51 five percent of such amount may be accepted in the form of a transfer. 52 (b) Notwithstanding the expenditure limit for such office as fixed by 53 this title for candidates who have elected to accept public funds, a 54 participating candidate for attorney general or comptroller in a primary 55 or general election or such candidate's participating committee may 56 accept from a state party committee which has nominated such candidateA. 8902--A 11 1 services in an amount which, in the aggregate, does not exceed one 2 million dollars; provided, however, that twenty-five percent of such 3 amount may be accepted in the form of a transfer. 4 (c) Notwithstanding the expenditure limit for such office as fixed by 5 this title for candidates who have elected to accept public funds, a 6 participating candidate for state senator in a primary, general or 7 special election or such candidate's participating committee may accept 8 from a state party committee which has nominated such candidate services 9 in an amount which, in the aggregate, does not exceed one hundred thou- 10 sand dollars; provided, however, that twenty-five percent of such amount 11 may be accepted in the form of a transfer. 12 (d) Notwithstanding the expenditure limit for such office as fixed by 13 this title for candidates who have elected to accept public funds, a 14 participating candidate for member of the assembly in a primary, general 15 or special election or such candidate's participating committee may 16 accept from a state party committee which has nominated such candidate 17 services in an amount which, in the aggregate, does not exceed fifty 18 thousand dollars; provided, however, that twenty-five percent of such 19 amount may be accepted in the form of a transfer. 20 (e) Notwithstanding the expenditure limit for such office as fixed by 21 this title for candidates who have elected to accept public funds, a 22 participating candidate for delegate at-large to a constitutional 23 convention in a general election or such candidate's participating 24 committee may accept from a state party committee which has nominated 25 such candidate services in an amount which, in the aggregate, does not 26 exceed fifty thousand dollars; provided, however, that twenty-five 27 percent of such amount may be accepted in the form of a transfer. 28 (f) Notwithstanding the expenditure limit for such office as fixed by 29 this title for candidates who have elected to accept public funds, a 30 participating candidate for district delegate to a constitutional 31 convention in a general election or such candidate's participating 32 committee may accept from a state party committee which has nominated 33 such candidate services in an amount which, in the aggregate, does not 34 exceed ten thousand dollars; provided, however, that twenty-five percent 35 of such amount may be accepted in the form of a transfer. 36 (g) For purposes of this subdivision, the term state party committee 37 includes any of its subcommittees. 38 3. Notwithstanding any expenditure limit in this subdivision, each 39 county committee of any party which nominates a candidate for statewide 40 office or state legislative office, including within the term county 41 committee any of its subcommittees, may expend in support of such 42 party's candidates for statewide office or state legislative office who 43 has agreed to accept public financing, an amount which shall not exceed 44 the sum of two cents for each voter registered in such county as deter- 45 mined by the records of the appropriate board of elections as of the 46 preceding general election. 47 4. In computing the aggregate amount expended for purposes of this 48 section, expenditures made by a state party committee or a county 49 committee in support of more than one candidate shall be allocated among 50 such candidates supported by the committee in accordance with formulas 51 promulgated by the state board or, in the absence of such official 52 formulas, in accordance with a formula based upon reasonable standards. 53 The statements filed by such party committee in accordance with this 54 chapter shall set forth, in addition to the other information required, 55 the total amount expended by the party committee on behalf of all such 56 candidates and the amount allocated to each candidate by dollar amountA. 8902--A 12 1 and percentage. Expenditures by a party for activities which do not 2 support or oppose the election of any candidate or candidates by name or 3 by clear inference shall not be regarded as expenditures on behalf of or 4 in opposition to a candidate. 5 5. A participating candidate for a public office for which public 6 funds are available pursuant to this title shall not accept any contrib- 7 utions any earlier than one day after the previous general election for 8 the office which such candidate is seeking, or any later than the day of 9 the general election for the office sought, except that a participating 10 candidate or participating committee which has a deficit on the day of 11 the general election may, after such date, accept contributions which do 12 not exceed the amount of such deficit and the expenses incurred in rais- 13 ing such contributions or the expenditure limit for such office as fixed 14 by this title for candidates who have elected to accept public funds. 15 Contributions to a participating candidate or participating committee 16 which were received before the effective date of this title may not be 17 expanded in any election for any such office. 18 6. Except for the limitations specifically set forth in this section, 19 participating candidates shall be subject to the provisions of this 20 article. 21 § 14-210. Expenditure limitations. The following expenditure limita- 22 tions apply to all expenditures by participating candidates and their 23 participating committees receiving public funds pursuant to the 24 provisions of this title: 25 1. (a) In any primary election, expenditures by participating candi- 26 dates and by their participating committees shall not exceed: 27 (i) for governor, the sum of one dollar and ten cents for each voter 28 enrolled in the candidate's party in the state; provided, however, such 29 sum shall not be less than nine hundred thousand dollars nor more than 30 nine million dollars; 31 (ii) for lieutenant governor, comptroller or attorney general, the sum 32 of one dollar and ten cents for each voter enrolled in the candidate's 33 party in the state; provided, however, such sum shall not be less than 34 six hundred thousand dollars nor more than six million dollars; 35 (iii) for senator, the sum of two dollars and fifty cents for each 36 voter enrolled in the candidate's party in the senate district; 37 provided, however, such sum shall not be less than thirty-five thousand 38 dollars nor more than three hundred fifty thousand dollars; 39 (iv) for member of the assembly, the sum of two dollars and fifty 40 cents for each voter enrolled in the candidate's party in the assembly 41 district; provided, however, such sum shall not be less than fifteen 42 thousand dollars nor more than one hundred fifty thousand dollars; 43 (v) for at-large delegate to a constitutional convention, the sum of 44 fifteen cents for each voter enrolled in the candidate's party in the 45 state; provided, however, such sum shall not be less than seventy-five 46 thousand dollars nor more than one hundred seventy-five thousand 47 dollars; 48 (vi) for district delegates to a constitutional convention, the sum of 49 one dollar and ten cents for each voter enrolled in the candidate's 50 party in the district; provided, however, such sum shall not be less 51 than five thousand dollars nor more than fifty thousand dollars; 52 (b) The enrollment numbers used to calculate the expenditure limits 53 provided for in this subdivision shall be the enrollments duly reported 54 by the appropriate board or boards of election as of the last general 55 election preceding the primary election.A. 8902--A 13 1 2. In any general or special election, expenditures by participating 2 candidates for the following offices and by their participating commit- 3 tees shall not exceed the following amounts: 4 Candidates for election to the office of: 5 Governor and lieutenant governor (combined) $12,000,000 6 Attorney general $8,000,000 7 Comptroller $8,000,000 8 Member of senate $350,000 9 Member of assembly $150,000 10 Delegate at-large to a constitutional convention $350,000 11 District delegate to a constitutional convention $75,000 12 3. Participating candidates for office who are unopposed in the prima- 13 ry election may expend before the primary election, for services, mate- 14 rials or facilities used on or before the date of such primary election, 15 an amount equal to half the sum such candidates would be entitled to 16 spend if their nomination was contested in such primary election 17 provided there is a primary contest for the nomination of at least one 18 other party for such office. 19 4. Expenditures for legal fees and reasonable expenses to defend the 20 validity of petitions of designation or nomination or certificates of 21 nomination, acceptance, authorization, declination or substitution, or 22 to successfully challenge any such petition or certificate on grounds of 23 fraud, or for expenses incurred to comply with the campaign finance 24 reporting requirements of this article, shall not be subject to the 25 expenditure limits of this subdivision. 26 § 14-212. Examinations and audits; repayments. 1. The state board 27 shall conduct a thorough examination and audit of the contributions and 28 qualified campaign expenses of the participating committee of every 29 participating candidate who received payments pursuant to section 14-206 30 of this title. 31 2. (a) If the state board determines that any portion of the payment 32 made to a participating committee from the fund was in excess of the 33 aggregate amount of payments to which such eligible candidate was enti- 34 tled pursuant to section 14-206 of this title, it shall notify such 35 committee of the excess amount and such committee shall pay to the state 36 board an amount equal to the amount of excess payments. 37 (b) If the state board determines that any amount of payment made to a 38 participating committee from the fund was used for purposes other than 39 to defray qualified campaign expenses, it shall notify such participat- 40 ing committee of the amount disqualified and such participating commit- 41 tee shall pay to the state board an amount equal to such disqualified 42 amount. 43 (c) If the total of contributions and payments from the fund received 44 by any participating candidate and such candidate's participating 45 committee, exceeds the campaign expenditures of such candidate and 46 committee, such candidate and committee shall use such excess funds to 47 reimburse the fund for payments received by such committee from the fund 48 not later than ten days after all permissible liabilities have been paid 49 and in any event, not later than March thirty-first of the year follow- 50 ing the year of the election for which such payments were intended. No 51 such excess funds shall be used for any other purpose. 52 3. If a court of competent jurisdiction disqualifies a candidate whose 53 participating committee has received public funds on the grounds that 54 such candidate committed fraudulent acts in order to obtain a place on 55 the ballot and such decision is not reversed by a higher court, such 56 candidate and such candidate's participating committee shall pay to theA. 8902--A 14 1 state board an amount equal to the total of public funds received by 2 such participating committee. 3 4. The state board must provide written notice of all payments due 4 from a participating candidate or such candidate's committee to the 5 state board and provide an opportunity for the candidate or committee to 6 rebut, in whole or in part, the alleged amount due. Upon a final written 7 determination by the state board, the amount due shall be paid to the 8 state board within thirty days of such determination. 9 5. All payments received by the state board pursuant to this section 10 shall be deposited in the New York state campaign finance fund estab- 11 lished by section ninety-two-t of the state finance law. 12 § 14-214. Civil penalties. 1. Any person who fails to file a statement 13 or record required to be filed by this title or the rules or regulations 14 of the state board in implementation thereof shall be subject to a civil 15 penalty, not in excess of five thousand dollars, to be recoverable in a 16 special proceeding or civil action brought by the state board. 17 2. If the aggregate amount of expenditures by a participating candi- 18 date and such candidate's participating committee exceeds the expendi- 19 ture limitations contained in this title such participating candidate 20 shall be liable for a civil penalty in an amount equal to three times 21 the sum by which such expenditures exceed the permitted amount, to be 22 recoverable in a special proceeding or civil action brought by the state 23 board. 24 3. All payments received by the state board pursuant to this section 25 shall be deposited in the New York state campaign finance fund estab- 26 lished by section ninety-two-t of the state finance law. 27 § 8. The election law is amended by adding a new section 16-103 to 28 read as follows: 29 § 16-103. Proceedings as to public financing. 1. The determination of 30 eligibility pursuant to section 14-202 of this chapter and any question 31 or issue relating to payments for qualified campaign expenditures pursu- 32 ant to section 14-206 of this chapter may be contested in a proceeding 33 instituted in the Supreme court, Albany county, by any aggrieved candi- 34 date. 35 2. A proceeding with respect to such a determination of eligibility or 36 payment for qualified campaign expenditures pursuant to section 14-206 37 of this chapter shall be instituted within seven days after such deter- 38 mination was made. The state board shall be made a party to any such 39 proceeding. 40 3. Upon the state board's failure to receive the amount due from a 41 participating candidate or such candidate's committee after the issuance 42 of written notice of such amount due, as required by subdivision four of 43 section 14-212 of this chapter, the state board is authorized to insti- 44 tute a special proceeding or civil action in Supreme Court, Albany coun- 45 ty, to obtain a judgment for any amounts determined to be payable to the 46 state board as a result of an examination and audit made pursuant to 47 title II of article fourteen of this chapter. 48 4. The state board is authorized to institute a special proceeding or 49 civil action in Supreme Court, Albany county, to obtain a judgment for 50 civil penalties determined to be payable to the state board pursuant to 51 section 14-214 of this chapter. 52 § 9. The election law is amended by adding a new section 4-115 to read 53 as follows: 54 § 4-115. Notice to the state board of elections of candidates for the 55 legislature. 1. Each board of elections with which petitions are filed 56 for member of the state legislature shall, not later than one week afterA. 8902--A 15 1 the last day to file such petitions, send notice to the state board of 2 elections of such information about each such petition as the state 3 board shall require. 4 2. Each such county board of elections shall, not later than the day 5 after the last day to file a petition or certificate of nomination for a 6 general or special election or a certificate of acceptance, declination 7 or substitution for a general, primary or special election for any such 8 office, send to the state board of elections such information about each 9 such petition or certificate as the state board shall require. 10 3. If any such county board of elections should disqualify any such 11 candidate or rule the petition or certificate designating or nominating 12 any such candidate invalid, it shall forthwith notify the state board of 13 elections of such decision. 14 4. If any such county board of elections shall be notified of a deci- 15 sion of a court of competent jurisdiction disqualifying any such candi- 16 date or declaring any such petition invalid or reversing any such deci- 17 sion by such board of elections or another court, such board of 18 elections shall forthwith notify the state board of elections of such 19 decision. 20 5. The state board of elections may prescribe forms for the notices 21 required by this section and shall prescribe the manner in which such 22 notices shall be given. 23 § 10. The state finance law is amended by adding a new section 92-t to 24 read as follows: 25 § 92-t. New York state campaign finance fund. 1. There is hereby 26 established in the joint custody of the state comptroller and the 27 commissioner of taxation and finance a fund to be known as the New York 28 state campaign finance fund. 29 2. Such fund shall consist of all revenues received from the New York 30 state campaign finance fund check-off pursuant to subsection (f) of 31 section six hundred fifty-eight of the tax law, from the general fund, 32 and from all other moneys credited or transferred thereto from any other 33 fund or source pursuant to law. 34 3. Moneys of the fund, following appropriation by the legislature, may 35 be expended for the purposes of making payments to candidates pursuant 36 to title II of article fourteen of the election law. Moneys shall be 37 paid out of the fund on the audit and warrant of the state comptroller 38 on vouchers certified or approved by the state board of elections, or 39 its duly designated representative, in the manner prescribed by law, not 40 more than four working days after such voucher is received by the state 41 comptroller. 42 4. Notwithstanding any provision of law to the contrary, if, in any 43 state fiscal year, the state campaign finance fund lacks the amount of 44 money to pay all claims vouchered by eligible candidates and certified 45 or approved by the state board of elections, any such deficiency shall 46 be paid, upon audit and warrant of the state comptroller, from funds 47 deposited in the general fund of the state not more than four working 48 days after such voucher is received by the state comptroller. 49 5. Commencing in two thousand fifteen, if the surplus in the fund on 50 April first of the year after a year in which a governor is elected 51 exceeds twenty-five percent of the disbursements from the fund over the 52 previous four years, the excess shall revert to the general fund of the 53 state. 54 6. No public funds shall be paid to any participating candidates in a 55 primary election any earlier than the day that such candidate is certi- 56 fied as being on the ballot for such primary election.A. 8902--A 16 1 7. No public funds shall be paid to any participating candidates in a 2 general election any earlier than the day after the day of the primary 3 election held to nominate candidates for such election. 4 8. No public funds shall be paid to any participating candidates in a 5 special election any earlier than the day after the last day to file 6 certificates of party nomination for such special election. 7 9. No public funds shall be paid to any participating candidate who 8 has been disqualified or whose designating petitions have been declared 9 invalid by the appropriate board of elections or a court of competent 10 jurisdiction until and unless such finding is reversed by a higher 11 authority. No payment from the fund in the possession of such a candi- 12 date or such candidate's participating committee on the date of such 13 disqualification or invalidation may thereafter be expended for any 14 purpose except the payment of liabilities incurred before such date. All 15 such moneys shall be repaid to the fund. 16 § 11. Section 658 of the tax law is amended by adding a new subsection 17 (f) to read as follows: 18 (f) New York state campaign finance fund check-off. (1) For each 19 taxable year beginning on and after January first, two thousand ten, 20 every individual whose New York state income tax liability for the taxa- 21 ble year for which the return is filed is five dollars or more may 22 designate on such return that five dollars be paid into the New York 23 state campaign finance fund established by section ninety-two-t of the 24 state finance law. Where a husband and wife file a joint return and 25 have a New York state income tax liability for the taxable year for 26 which the return is filed of ten dollars or more, or file separate 27 returns on a single form, each such taxpayer may make separate desig- 28 nations on such return of five dollars to be paid into the New York 29 state campaign finance fund. 30 (2) The commissioner shall transfer to the New York state campaign 31 finance fund, established pursuant to section ninety-two-t of the state 32 finance law, an amount equal to five dollars multiplied by the number of 33 designations. 34 (3) For purposes of this subsection, the income tax liability of an 35 individual for any taxable year is the amount of tax imposed under this 36 article reduced by the sum of the credits (as shown in his or her 37 return) allowable under this article. 38 (4) The department shall include a place on every personal income tax 39 return form to be filed by an individual for a tax year beginning on or 40 after January first, two thousand ten, immediately above the certif- 41 ication under which the taxpayer is required to sign such form, for such 42 taxpayer to make the designations described in paragraph one of this 43 subsection. Such return form shall contain a concise explanation of the 44 purpose of such optional designations. 45 § 12. Campaign finance review panel. 1. There is hereby created and 46 established the "campaign finance review panel". The panel shall consist 47 of the commissioner of taxation and finance, the director of the divi- 48 sion of the budget, the state comptroller and the two members of the 49 state board of elections who rotate as chairperson of the board. The 50 commissioner of taxation and finance shall be chairperson. 51 2. The panel is empowered and it shall be its duty to monitor and 52 review the implementation of the 2010 Campaign Finance Reform Act. The 53 panel shall report to the governor and the legislature on March 31, 2012 54 and on March 31, 2014. The report shall include: (a) the number of 55 candidates qualifying and opting for public financing, the amounts 56 expended for this purpose in the preceding fiscal year and a projectionA. 8902--A 17 1 of the number of candidates likely to qualify and opt for public financ- 2 ing and their expenditures in future elections; (b) an analysis of the 3 effect of the 2010 Campaign Finance Reform Act on political campaigns, 4 including its effect on the sources and amounts of private financing, 5 the level of campaign expenditures, voter participation, the number of 6 candidates and the candidate's ability to campaign effectively for 7 public office; (c) a review of the procedures utilized in providing 8 public funds to candidates; and (d) such recommended changes in the 2010 9 Campaign Finance Reform Act as it deems appropriate. 10 § 13. Severability. If any clause, sentence, subdivision, paragraph, 11 section or part of title II of article 14 of the election law, as added 12 by section seven of this act be adjudged by any court of competent 13 jurisdiction to be invalid, such judgment shall not affect, impair or 14 invalidate the remainder thereof, but shall be confined in its operation 15 to the clause, sentence, subdivision, paragraph, section or part thereof 16 directly involved in the controversy in which such judgment shall have 17 been rendered. 18 § 14. This act shall take effect immediately; provided, however, 19 candidates for state comptroller will be eligible to participate in the 20 public financing system beginning with the 2010 election, all state 21 candidates and constitutional convention delegates will be eligible to 22 participate in the public financing system beginning with the 2014 23 election and state legislature candidates will be eligible to partic- 24 ipate in the public financing system beginning with the 2016 election.