A10462 Summary:

BILL NOA10462
 
SAME ASSAME AS S08957-A
 
SPONSORRules (Walker)
 
COSPNSR
 
MLTSPNSR
 
Amd §§14-200-a, 14-203, 14-205, 14-207, 14-208, 14-209, 14-212 & 14-114, El L; amd §92-t, St Fin L; rpld Part ZZZ §11, Chap 58 of 2020
 
Makes technical corrections regarding the public financing of elections.
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A10462 Actions:

BILL NOA10462
 
05/25/2022referred to election law
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A10462 Committee Votes:

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A10462 Floor Votes:

There are no votes for this bill in this legislative session.
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A10462 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10462
 
SPONSOR: Rules (Walker)
  TITLE OF BILL: An act to amend the election law and the state finance law, in relation to making technical corrections regarding the public financing of elections; and to repeal certain provisions of part ZZZ of chapter 58 of the laws of 2020 amending the state finance law relating to establishing the New York state campaign finance fund, in relation thereto   PURPOSE: To make technical corrections regarding the public financing of elections.   SUMMARY OF PROVISIONS: Section 1 of this bill amends Subdivisions 1, 11, and 19 of section 14-200-a of the election law, as added by section 4 of part ZZZ of chap- ter 58 of the laws of 2020, to fix typographical errors. Section 2 of this bill amends subparagraphs (iii), (iv), and (v) of paragraph (i) of subdivision 1 and subdivision 2 of section 14-203 of the election law, as added by section 4 of part ZZZ of chapter 58 of the laws of 2020 to clarify that the legislation gives the Public Campaign Finance Board powers to promulgate regulations to ensure compliance with the entire subparagraph. In addition, this section fixes the use of term "surplus." This section specifies from whom contributions may come and that the number of contributions must be from unique contributors. Finally, this section fixes the terminology regarding average median income to comport with available census data and fixes typographical errors. Section 3 of this bill amends subdivisions 2 and 4 of section 14-205 of the election law, to clarify the dates of earliest disbursement and to fix typographical errors. Section 4 of this bill amends subdivisions 1 and 2 of section 14-207 of the election law, as added by section 4 of part ZZZ of chapter 58 of the laws of 2020, to fix typographical errors. Section 5 of this bill amends paragraph (a) of subdivision 2 and subdi- vision 3 of section 14-208 of the election law, as added by section 4 of part ZZZ of chapter 58 of the laws of 2020, to change the term "surplus" and to change the language surrounding the time frame in which the PCFB determines eligibility. Section 6 of this bill amends subdivision 1 of section 14-209 of the election law, as added by section 4 of part ZZZ of chapter 58 of the laws of 2020, to clarify the chronology of the PCFB's investigative procedure. Section 7 of this bill amends section 14-212 of the election law, as added by section 4 of part ZZZ of chapter 58 of the laws of 2020, to include a positive general severability clause and adjust language to comport with earlier changes. Section 8 of this bill amends Subdivision 6 of section 92-t of the state finance law, as added by section 5 of part ZZZ of chapter 58 of the laws of 2020, is amended to increase the earliest time in which candidates can use the public funds from 30 to 120 days before a primary election. Section 9 of this bill amends subdivision 1 of section 14-114 of the election law to correct technical errors Section 10 of this bill repeals Section 11 of part ZZZ of chapter 58 of the 2020 Regular Session Laws. Section 11 of this bill sets forth the effective date.   JUSTIFICATION: In order to ensure a more fair contest of ideas, public financing of campaigns was introduced, giving more candidates an opportunity to have their voices heard. However, the existing law contains a few technical and typographical errors. This bill will clarify the existing law.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately; provided, however, that sections one, two, three, four, five, six, and seven of this act shall take effect on the same date and in the same manner as section 4 of part ZZZ of chapter 58 of the laws of 2020, takes effect.
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A10462 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10462
 
                   IN ASSEMBLY
 
                                      May 25, 2022
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Walker) --
          read once and referred to the Committee on Election Law
 
        AN ACT to amend the election law and the state finance law, in  relation
          to  making  technical  corrections  regarding  the public financing of
          elections; and to repeal certain provisions of part ZZZ of chapter  58
          of  the laws of 2020 amending the state finance law relating to estab-
          lishing the New York state campaign finance fund, in relation thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions  1,  11,  and  19 of section 14-200-a of the
     2  election law, as added by section 4 of part ZZZ of  chapter  58  of  the
     3  laws of 2020, are amended to read as follows:
     4    1.  "authorized committee" means the single political committee desig-
     5  nated by a candidate pursuant to [these recommendations] this  title  to
     6  receive  contributions  and  make  expenditures in support of the candi-
     7  date's campaign for such election.
     8    11. (a) "matchable contribution" means a contribution  not  less  than
     9  five  dollars  and  not  more  than  an  aggregate  of two hundred fifty
    10  dollars[, for a candidate for public office to be voted on by the voters
    11  of the entire state or for nomination to any such office, a contribution
    12  for any covered elections held in the same election  cycle,  made  by  a
    13  natural  person  who is a resident in the state of New York to a partic-
    14  ipating candidate, and for a candidate for election to the state  assem-
    15  bly or state senate or for nomination to any such office, a contribution
    16  for  any  covered  elections  held in the same election cycle, made by a
    17  natural person who is also a resident of such state  assembly  or  state
    18  senate  district  from  which  such  candidate  is seeking nomination or
    19  election,] per unique contributor, made to a participating candidate for
    20  any covered election held in the same  election  cycle,  that  has  been
    21  reported  in  full  to  the  PCFB in accordance with sections 14-102 and
    22  14-104 of this article by the candidate's  authorized  committee  [and],
    23  has  been  contributed  on  or before the day of the applicable primary,
    24  general, runoff, or special election, and: (i) is for  a  candidate  for
    25  public  office  to  be voted on by the voters of the entire state or for
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14971-04-2

        A. 10462                            2
 
     1  nomination to any such office, and has been made by a natural person who
     2  is a resident in the state of New York; or (ii) is for a  candidate  for
     3  election  to the state assembly or state senate or for nomination to any
     4  such  office,  and has been made by a natural person who is also a resi-
     5  dent of such state assembly or state  senate  district  for  which  such
     6  candidate  is seeking nomination or election. Any contribution, contrib-
     7  utions, or a portion of a contribution  determined  to  be  invalid  for
     8  matching  funds  by  the PCFB may not be treated as a matchable contrib-
     9  ution for any purpose.
    10    (b) The following contributions are not matchable:
    11    (i) loans;
    12    (ii) in-kind contributions of property, goods, or services;
    13    (iii) contributions in the form of the purchase price paid for an item
    14  with significant intrinsic and enduring value;
    15    (iv) transfers from a party or constituted committee;
    16    (v) anonymous contributions;
    17    (vi) contributions whose source is not itemized as required by  [these
    18  recommendations] this title;
    19    (vii) contributions gathered during a previous election cycle;
    20    (viii) illegal contributions;
    21    (ix) contributions from minors;
    22    (x)  contributions  from  vendors for campaigns hired by the candidate
    23  for such election cycle;
    24    (xi) contributions from lobbyists registered pursuant  to  subdivision
    25  (a) of section one-c of the legislative law; and
    26    (xii)  any  portion of a contribution when the aggregate contributions
    27  within the election cycle are in excess of  two  hundred  fifty  dollars
    28  from  any one contributor to such participating candidate for nomination
    29  or election.
    30    19. "surplus" means those funds where the total sum  of  contributions
    31  received and public [matchable] matching funds received by a participat-
    32  ing  candidate  and  his  or  her authorized committee exceeds the total
    33  campaign expenditures of such candidate and authorized committee for all
    34  covered elections held in the  same  calendar  year  or  for  a  special
    35  election to fill a vacancy.
    36    §  2.  Subparagraphs (iii), (iv), and (v) of paragraph (i) of subdivi-
    37  sion 1 and subdivision 2 of section 14-203 of the election law, as added
    38  by section 4 of part ZZZ of chapter 58 of the laws of 2020, are  amended
    39  to read as follows:
    40    (iii) Nothing in this section shall be interpreted to require a candi-
    41  date  who  retains  funds  raised  during any previous election cycle to
    42  forfeit such funds. Funds raised during a previous election cycle may be
    43  retained and used by the candidate for the candidate's campaign  in  the
    44  next  election  cycle  but  funds  shall  not qualify for satisfying the
    45  threshold for participating  in  the  public  campaign  finance  program
    46  established in this title nor shall they be eligible to be matched. [The
    47  PCFB  shall  adopt  regulations  to ensure that contributions that would
    48  satisfy the applicable contribution  limits  authorized  in  this  title
    49  shall  be  transferred  into  the  appropriate  campaign  account.] Only
    50  contributions that would  satisfy  the  applicable  contribution  limits
    51  authorized  by  this  title  shall  be  transferred into the appropriate
    52  campaign account. The PCFB shall adopt regulations to ensure  compliance
    53  with this subparagraph.
    54    (iv)  Contributions received and expenditures made by the candidate or
    55  an authorized committee of the candidate prior to the effective date  of
    56  this  title  shall  not constitute a violation of this title. Unexpended

        A. 10462                            3
 
     1  contributions shall be treated the same as  [campaign  surpluses]  funds
     2  raised during a previous election cycle under subparagraph (iii) of this
     3  paragraph.  Nothing  in this recommendation shall be construed to limit,
     4  in  any way, any candidate or public official from expending any portion
     5  of pre-existing campaign funds for any lawful purpose other  than  those
     6  related to his or her campaign.
     7    (v)  A  candidate  who  has raised matchable contributions but, in the
     8  case of a covered primary, general or special election, is  not  opposed
     9  by  another  candidate on the ballot who is not a write-in candidate, or
    10  who chooses not to accept [matchable] matching funds,  may  retain  such
    11  contributions  and  apply  them  in accord with this title to the candi-
    12  date's next campaign, should there be one, in the next election cycle.
    13    2. Threshold for eligibility. (a) The threshold  for  eligibility  for
    14  public funding for participating candidates shall be in the case of:
    15    (i)  governor, not less than five hundred thousand dollars in contrib-
    16  utions [including at least five thousand matchable  contributions  shall
    17  be counted toward this qualifying threshold] from residents of the state
    18  of  New York, including matchable contributions from at least five thou-
    19  sand unique contributors;
    20    (ii) lieutenant governor, attorney general and comptroller,  not  less
    21  than  one  hundred thousand dollars in contributions [including at least
    22  one thousand matchable contributions shall be counted toward this quali-
    23  fying threshold] from residents of the  state  of  New  York,  including
    24  matchable contributions from at least one thousand unique contributors;
    25    (iii)  state senator, except as otherwise provided in paragraph (c) of
    26  this subdivision, not less than twelve thousand dollars in contributions
    27  [including at least one hundred fifty matchable contributions  shall  be
    28  counted toward this qualifying threshold] from residents of the district
    29  in  which  the  seat  is to be filled, including matchable contributions
    30  from at least one hundred fifty unique contributors; and
    31    (iv) member of the assembly, except as otherwise provided in paragraph
    32  (c) of this subdivision, not less than six thousand dollars in  contrib-
    33  utions [including at least seventy-five matchable contributions shall be
    34  counted toward this qualifying threshold] from residents of the district
    35  in  which  the  seat  is to be filled, including matchable contributions
    36  from at least seventy-five unique contributors.
    37    (b) However, solely for purposes of achieving the monetary  thresholds
    38  in  paragraph  (a)  of  this  subdivision,  the  first two hundred fifty
    39  dollars of any contribution of more than two hundred fifty dollars to  a
    40  candidate  or a candidate's committee which would otherwise be matchable
    41  except that it comes from a contributor who has  contributed  more  than
    42  two hundred fifty dollars to such candidate or candidate's committee, is
    43  deemed  to be a matchable contribution and shall count toward satisfying
    44  such monetary threshold but shall not otherwise be considered a  matcha-
    45  ble contribution.
    46    (c)  With  respect  to  the minimum dollar threshold for participating
    47  candidates for state senate and state assembly, in such districts  where
    48  [average  median  income  ("AMI")  is below the AMI as determined by the
    49  United States Census Bureau three years before such election  for  which
    50  public  funds are sought] the average of the district's median income as
    51  determined by the bureau of the census of the United  States  department
    52  of  commerce  for  the  three  years prior to such election is below the
    53  median income for the state according to the  most  recent  census  data
    54  available,  such  minimum  dollar  threshold  for  eligibility  shall be
    55  reduced by one-third. The PCFB shall make  public  which  districts  are

        A. 10462                            4
 
     1  subject  to  such  reduction  no  later  than two years before the first
     2  primary election for which funding is sought.
     3    (d)  Any participating candidate meeting the threshold for eligibility
     4  in a primary  election  for  one  of  the  foregoing  offices  shall  be
     5  [applied]  deemed  to  satisfy  the  threshold  for eligibility for such
     6  office in any other subsequent election held in the same calendar  year.
     7  Any  participating  candidate who is nominated in a primary election and
     8  has participated in the public  financing  program  set  forth  in  this
     9  title[,  must] shall also participate in the public financing program in
    10  the general election for such office.
    11    § 3. Subdivisions 2 and 4 of section 14-205 of the  election  law,  as
    12  added  by  section  4 of part ZZZ of chapter 58 of the laws of 2020, are
    13  amended to read as follows:
    14    2. Calculation of payment. (a) In any election for a public office  to
    15  be  voted  on by the voters of the entire state or for nomination to any
    16  such office, if the threshold for eligibility is met, the  participating
    17  candidate's  authorized  committee  shall  receive payment for qualified
    18  campaign expenditures of six dollars of public matching funds  for  each
    19  one dollar of matchable contributions, obtained and reported to the PCFB
    20  in  accordance with the provisions of this title. The maximum payment of
    21  public matching funds shall be limited  to  the  amounts  set  forth  in
    22  [this] section 14-204 of this title for the covered election.
    23    (b)  In  any  election for state senate or state assembly or for nomi-
    24  nation to any such office, if the threshold for eligibility is met,  the
    25  participating candidate's authorized committee shall receive payment for
    26  qualified  campaign expenditures for matchable contributions of eligible
    27  private funds per contributor, obtained, and reported to the PCFB  here-
    28  in,  of:  twelve  dollars of public matching funds for each of the first
    29  fifty dollars of matchable contributions; nine dollars of public  match-
    30  ing  funds  for each of the next one hundred dollars of public matchable
    31  contributions; and eight dollars for [the] each of the next one  hundred
    32  dollars of public matchable contributions. The maximum payment of public
    33  matching funds shall be limited to the amounts set forth in this section
    34  for the covered election.
    35    4.  Notwithstanding any provision of this section to the contrary, the
    36  amount of public funds payable  to  a  participating  candidate  on  the
    37  ballot in any covered election shall not exceed one-quarter of the maxi-
    38  mum  public  funds  payment  otherwise  applicable [and no participating
    39  candidate shall be eligible to receive a disbursement  of  public  funds
    40  prior  to two weeks after the last day to file designating petitions for
    41  a primary election] unless the participating candidate is opposed  by  a
    42  competitive  candidate.  The PCFB shall, by regulation, set forth objec-
    43  tive standards to determine whether a candidate is competitive  and  the
    44  procedures for qualifying for the payment of public funds.
    45    §  4.  Subdivisions  1 and 2 of section 14-207 of the election law, as
    46  added by section 4 of part ZZZ of chapter 58 of the laws  of  2020,  are
    47  amended to read as follows:
    48    1.  There  shall  be  a public campaign finance board within the state
    49  board of elections that shall be comprised of the following  commission-
    50  ers:  the  four  state  board of elections commissioners and three addi-
    51  tional commissioners, one jointly appointed by the  legislative  leaders
    52  of  one  major  political  party  in  each house of the legislature, one
    53  jointly appointed by the legislative leaders of the  other  major  poli-
    54  tical  party  in each house of the legislature, and one of whom shall be
    55  appointed by the governor. Each commissioner must be a  New  York  state
    56  resident  and  registered voter, and may not currently be, or within the

        A. 10462                            5
 
     1  previous five years have been, an officer of a political party or  poli-
     2  tical  committee  as defined in the election law, or a registered lobby-
     3  ist. The chair of the PCFB shall be designated by the  PCFB  from  among
     4  the three additional commissioners. Each of the three additional commis-
     5  sioners shall receive a per diem of three hundred fifty dollars for work
     6  actually performed not to exceed twenty-five thousand dollars in any one
     7  calendar  year. They shall be considered public officers for purposes of
     8  sections seventy-three-a and seventy-four of the  public  officers  law.
     9  The  three  commissioners  so  appointed pursuant to this recommendation
    10  will be appointed for a term of five years to commence  on  July  first,
    11  two thousand twenty and may be removed by his or her appointing authori-
    12  ty  solely  for substantial neglect of duty, gross misconduct in office,
    13  or inability to discharge the power or duties of office,  after  written
    14  notice and opportunity to be heard. During the period of his or her term
    15  as  a commissioner appointed hereunder, each such commissioner is barred
    16  from making, or soliciting from  other  persons,  any  contributions  to
    17  candidates for election to the offices of governor, lieutenant governor,
    18  attorney general, comptroller, member of the assembly, or state senator.
    19  Any  vacancy occurring on the PCFB shall be filled within thirty days of
    20  its occurrence in the same manner as the member whose vacancy  is  being
    21  filled  was  appointed.  A  person appointed to fill a vacancy occurring
    22  other than by expiration of a term of office shall be appointed for  the
    23  unexpired  term  of  the  member he or she succeeds. Four members of the
    24  PCFB shall constitute a quorum, and the PCFB shall have the power to act
    25  by majority vote of the total number of members of the commission  with-
    26  out  vacancy.  All  members of the PCFB shall be appointed no later than
    27  the first day of July, two thousand twenty and the PCFB shall promulgate
    28  such regulations as are needed no later than the first day of July,  two
    29  thousand twenty-one.
    30    2.  The  PCFB  and state board of elections may utilize existing state
    31  board of elections staff and hire such other staff as are  necessary  to
    32  carry  out its duties. It may expand its staffing, as needed, to provide
    33  additional candidate liaisons to assist candidates in complying with the
    34  terms of this public campaign finance system as provided for  in  [these
    35  recommendations]  this  title, as well as auditors, trainers, attorneys,
    36  technical staff and other such staff as the PCFB determines is necessary
    37  to administer this system. Annually, on or before  the  first  of  every
    38  year,  the  PCFB  shall  submit  to the governor and the division of the
    39  budget a request for appropriations for the next state  fiscal  year  to
    40  fully  support the administration of the public campaign finance program
    41  established in this title.
    42    § 5. Paragraph (a) of subdivision  2  and  subdivision  3  of  section
    43  14-208 of the election law, as added by section 4 of part ZZZ of chapter
    44  58 of the laws of 2020, are amended to read as follows:
    45    (a)  If  the PCFB determines that any portion of the payment made to a
    46  candidate's authorized committee from the fund  was  in  excess  of  the
    47  aggregate amount of payments that such candidate was eligible to receive
    48  pursuant  to this title, it shall notify such committee and such commit-
    49  tee shall pay to the PCFB an  amount  equal  to  the  amount  of  excess
    50  payments.  Such  committee  shall first utilize [the surplus] any excess
    51  payments of the public matching funds for repayment  of  such  sums  and
    52  then  such  other  funds  as it may have. Provided, however, that if the
    53  erroneous payment was the result of an error by the PCFB, then the erro-
    54  neous payment will be deducted from any future payment, if any,  and  if
    55  no  future  payment  is  to  be  made then neither the candidate nor the
    56  committee shall be liable to repay the excess amount to  the  PCFB.  The

        A. 10462                            6

     1  candidate  and  the  candidate's  authorized  committee  are jointly and
     2  severally liable for any repayments to the PCFB.
     3    3.  Rules  and  regulations. (a) The PCFB shall promulgate regulations
     4  for the certification of the amount of funds payable by the  comptroller
     5  from  the fund established pursuant to section ninety-two-t of the state
     6  finance law, to a participating candidate that has qualified to  receive
     7  such  payment.  These  regulations  shall  include  the promulgation and
     8  distribution of forms on which contributions and expenditures are to  be
     9  reported,  the  periods during which such reports must be filed, and the
    10  verification required. The PCFB shall institute  procedures  which  will
    11  make  possible  payment  by  the  fund  within [four business days after
    12  receipt of  the  required  forms  and  verifications]  the  time  limits
    13  provided in section 14-205 of this title.
    14    (b)  All rules and regulations promulgated pursuant to this [recommen-
    15  dation] title shall be promulgated pursuant to the state  administrative
    16  procedure  act.  The  PCFB's determinations pursuant to such regulations
    17  and [these recommendations] this title shall be deemed final.
    18    § 6. Subdivision 1 of section 14-209 of the election law, as added  by
    19  section  4  of part ZZZ of chapter 58 of the laws of 2020, is amended to
    20  read as follows:
    21    1. Civil penalties. Violations  of  any  provisions  regarding  public
    22  campaign financing stated in this title or regulation promulgated pursu-
    23  ant  to  this title shall be subject to a civil penalty in an amount not
    24  in excess of fifteen thousand dollars and such other lesser fines as the
    25  PCFB may promulgate in regulation.   Such regulations  shall  include  a
    26  schedule of fines for alleged failures to file, late reports and noticed
    27  deficiencies,  including  fines  that  the  PCFB  may assess directly on
    28  violators. Candidates  may  contest  alleged  [failures  to  file,  late
    29  reports  and  reports  with noticed deficiencies and have an opportunity
    30  to] infractions and may be heard by the PCFB in accordance with subdivi-
    31  sion two of this  section.  [The  PCFB  shall  promulgate  a  regulation
    32  setting  forth  a schedule of fines for such infractions including those
    33  that it may assess directly on violators.] The  PCFB  shall  investigate
    34  referrals and complaints. After investigation, it may recommend dismiss-
    35  al,  settlement,  civil action, or referral to law enforcement. The PCFB
    36  may assess penalties and it is authorized to commence a civil action  in
    37  court to enforce all penalties and recover money due.
    38    § 7. Section 14-212 of the election law, as added by section 4 of part
    39  ZZZ of chapter 58 of the laws of 2020, is amended to read as follows:
    40    § 14-212. Severability.  1. If any clause, sentence, paragraph, subdi-
    41  vision, section or part of this article shall be determined by any court
    42  of competent jurisdiction to be invalid, such judgment shall not affect,
    43  impair or invalidate the remainder thereof, but shall be confined in its
    44  operation to the particular clause,  sentence,  paragraph,  subdivision,
    45  section or part thereof directly found invalid in the judgment rendered.
    46  It  is  hereby  declared  to  be the intent of the legislature that this
    47  article would have been enacted even if such invalid provisions had  not
    48  been included herein.
    49    2.  If  any  clause,  sentence,  or  other portion of paragraph (c) of
    50  subdivision two of section 14-203 of this title be adjudged by any court
    51  of competent jurisdiction to be invalid, then  subparagraphs  (iii)  and
    52  (iv) of paragraph (a) of subdivision two of section 14-203 of this title
    53  shall read as follows:
    54    (iii)  state senator, except as otherwise provided in paragraph (c) of
    55  this subdivision, not less  than  ten  thousand  dollars  in  [matchable
    56  contributions  including  at  least  one  hundred  and  fifty  matchable

        A. 10462                            7

     1  contributions in an amount greater than five dollars and no greater than
     2  the limits in this chapter, of which the first two hundred fifty dollars
     3  shall be counted toward this qualifying  threshold]  contributions  from
     4  residents  of  the district in which the seat is to be filled, including
     5  matchable contributions from at least one hundred fifty unique contribu-
     6  tors; and
     7    (iv) member of the assembly, except as otherwise provided in paragraph
     8  (c) of this subdivision, not less than five thousand dollars in [matcha-
     9  ble] contributions [including at least seventy-five  matchable  contrib-
    10  utions  in  an  amount greater than five dollars and no greater than the
    11  limits in this chapter, of which the first  two  hundred  fifty  dollars
    12  shall be counted toward this qualifying threshold] from residents of the
    13  district in which the seat is to be filled, including matchable contrib-
    14  utions from at least seventy-five unique contributors.
    15    §  8. Subdivision 6 of section 92-t of the state finance law, as added
    16  by section 5 of part ZZZ of chapter 58 of the laws of 2020,  is  amended
    17  to read as follows:
    18    6.  No public funds shall be paid to any participating candidates in a
    19  primary  election  any  earlier  than  [thirty  days  after  designating
    20  petitions  or  certificates  of  nomination have been filed] one hundred
    21  twenty days before the primary election and not later than  thirty  days
    22  after such primary election.
    23    §  9.  Paragraphs  a, b, c and d of subdivision 1 of section 14-114 of
    24  the election law, paragraphs a, b and c as amended and  paragraph  d  as
    25  added  by  section  3 of part ZZZ of chapter 58 of the laws of 2020, are
    26  amended to read as follows:
    27    a. In any election for a public office to be voted on by the voters of
    28  the entire state, or for nomination to any such office,  no  contributor
    29  may  make  a  contribution  to any candidate or political committee, not
    30  participating in the state's public campaign financing  system  pursuant
    31  to  title two of this article and no such candidate or political commit-
    32  tee may accept any contribution from any contributor, which  is  in  the
    33  aggregate  amount greater than eighteen thousand dollars divided equally
    34  among the primary and general election in an  election  cycle;  provided
    35  however,  that  the  maximum  amount  which  may  be  so  contributed or
    36  accepted, in the aggregate, from any candidate's child,  parent,  grand-
    37  parent,  brother  and  sister, and the spouse of any such persons, shall
    38  not exceed in the case of any nomination  to  public  office  an  amount
    39  equivalent to the product of the number of enrolled voters in the candi-
    40  date's  party  in the state, excluding voters in inactive status, multi-
    41  plied by $.025, and in the case of any election for a public office,  an
    42  amount  equivalent  to the product of the number of registered voters in
    43  the state excluding voters in inactive status, multiplied by $.025.
    44    b. In any other election for party  position  or  for  election  to  a
    45  public  office or for nomination for any such office, no contributor may
    46  make a contribution to any candidate or political committee not  partic-
    47  ipating  in  the  state's  public  campaign financing system pursuant to
    48  title two of this article and no such candidate or  political  committee
    49  may accept any contribution from any contributor, which is in the aggre-
    50  gate  amount greater than election for party position, or for nomination
    51  to public office, the product of the total number of enrolled voters  in
    52  the  candidate's  party  in  the  district  in  which he is a candidate,
    53  excluding voters in inactive status, multiplied by $.05, and  [(ii)]  in
    54  the  case  of any election for a public office, the product of the total
    55  number of registered voters in the district, excluding voters  in  inac-
    56  tive  status,  multiplied  by  $.05, however in the case of a nomination

        A. 10462                            8
 
     1  within the city of New York for the office of mayor, public advocate  or
     2  comptroller,  such  amount  shall be not less than four thousand dollars
     3  nor more than twelve thousand dollars as increased or decreased  by  the
     4  cost  of living adjustment described in paragraph c of this subdivision;
     5  in the case of an election within the city of New York for the office of
     6  mayor, public advocate or comptroller, twenty-five thousand  dollars  as
     7  increased  or  decreased  by  the cost of living adjustment described in
     8  paragraph c of this subdivision; in the case of a nomination or election
     9  for state senator, ten  thousand  dollars,  divided  equally  among  the
    10  primary  and  general  election  in an election cycle; in the case of an
    11  election or nomination for  a  member  of  the  assembly,  six  thousand
    12  dollars,  divided  equally  among the primary and general election in an
    13  election cycle; provided however, that the maximum amount which  may  be
    14  so  contributed  or  accepted,  in  the  aggregate, from any candidate's
    15  child, parent, grandparent, brother and sister, and the  spouse  of  any
    16  such  persons,  shall  not  exceed in the case of any election for party
    17  position or nomination for public office an  amount  equivalent  to  the
    18  number  of  enrolled  voters in the candidate's party in the district in
    19  which he is a candidate, excluding voters in inactive status, multiplied
    20  by $.25 and in the case of any election  to  public  office,  an  amount
    21  equivalent to the number of registered voters in the district, excluding
    22  voters  in  inactive status, multiplied by $.25; or twelve hundred fifty
    23  dollars, whichever is greater,  or  in  the  case  of  a  nomination  or
    24  election  of  a  state  senator,  twenty  thousand dollars, whichever is
    25  greater, or in the case of a nomination or election of a member  of  the
    26  assembly twelve thousand five hundred dollars, whichever is greater, but
    27  in no event shall any such maximum exceed one hundred thousand dollars.
    28    c. In any election for a public office to be voted on by the voters of
    29  the  entire  state, or for nomination to any such office, no contributor
    30  may make a contribution to  any  candidate  or  political  committee  in
    31  connection  with  a  candidate who is [not] a participating candidate as
    32  defined in subdivision fourteen of section 14-200-a of this article, and
    33  no such candidate or political committee  may  accept  any  contribution
    34  from  any  contributor,  which  is  in the aggregate amount greater than
    35  eighteen thousand dollars, divided equally among the primary and general
    36  election in an election  cycle[;  provided  however,  that  the  maximum
    37  amount  which  may be so contributed or accepted, in the aggregate, from
    38  any candidate's child, parent, grandparent, brother and sister, and  the
    39  spouse  of  any  such persons, shall not exceed in the case of any nomi-
    40  nation to public office an amount  equivalent  to  the  product  of  the
    41  number of enrolled voters in the candidate's party in the state, exclud-
    42  ing  voters  in inactive status, multiplied by $.025, and in the case of
    43  any election for a public office, an amount equivalent to the product of
    44  the number of registered voters in the state, excluding voters in  inac-
    45  tive status, multiplied by $.025].
    46    d. In any nomination or election of a candidate who is [not] a partic-
    47  ipating  candidate  for  state  senator,  ten  thousand dollars, divided
    48  equally among the primary and general election in an election cycle;  in
    49  the  case of an election or nomination for a member of the assembly, six
    50  thousand dollars, divided equally among the primary and general election
    51  in an election cycle.
    52    § 10. Section 11 of part ZZZ of chapter 58 of the laws of 2020  amend-
    53  ing  the  state  finance law relating to establishing the New York state
    54  campaign finance fund, is REPEALED.
    55    § 11. This act shall take effect immediately; provided, however,  that
    56  sections  one,  two, three, four, five, six, and seven of this act shall

        A. 10462                            9
 
     1  take effect on the same date and in the same manner as section 4 of part
     2  ZZZ of chapter 58 of the laws of 2020, takes effect and section nine  of
     3  this  act  shall  take effect on the same date and in the same manner as
     4  section 3 of part ZZZ of chapter 58 of the laws of 2020, takes effect.
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