Amd §§6-136, 7-104 & 14-114, redes Art 14 §§14-100 - 14-132 to be Title I, add Title head, Art 14 Title 2
§§14-200 - 14-216, El L; amd §§1-c, 1-f & 1-o, Leg L; amd §73-a, Pub Off L; add §85, St Fin L
Provides for regulation of delegates to a constitutional convention, their election, and public financing for such elections.
STATE OF NEW YORK
________________________________________________________________________
2516
2019-2020 Regular Sessions
IN SENATE
January 25, 2019
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
AN ACT to amend the election law, the legislative law, the public offi-
cers law and the state finance law, in relation to the nomination and
election of delegates to a constitutional convention
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature hereby finds and
2 declares that the power of the people of this state to call a constitu-
3 tional convention to periodically reevaluate their social contract is
4 one of the great democratic mechanisms in existence. It is important,
5 however, to ensure that the people of this state are fully represented
6 and have fair access to this important process.
7 § 2. Subdivision 1 and the opening paragraph and paragraph (h) of
8 subdivision 2 of section 6-136 of the election law, subdivision 1 as
9 amended by chapter 200 of the laws of 1996, the opening paragraph of
10 subdivision 2 as amended by chapter 659 of the laws of 1994 and para-
11 graph (h) of subdivision 2 as amended by chapter 79 of the laws of 1992,
12 are amended and three new subdivisions 2-a, 4 and 5 are added to read as
13 follows:
14 1. Petitions for any office to be filled by the voters of the entire
15 state, except the office of delegate-at-large to a convention to revise
16 and amend the state constitution, must be signed by not less than
17 fifteen thousand or five per centum, whichever is less, of the then
18 enrolled voters of the party in the state (excluding voters in inactive
19 status), of whom not less than one hundred or five per centum, whichever
20 is less, of such enrolled voters shall reside in each of one-half of the
21 congressional districts of the state. Petitions for the office of dele-
22 gate-at-large to a convention to revise and amend the state constitution
23 must be signed by not less than five thousand or two and one-half per
24 centum, whichever is less, of such enrolled voters.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07860-01-9
S. 2516 2
1 All other petitions, except petitions for the office of district dele-
2 gate to a convention to revise and amend the state constitution, must be
3 signed by not less than five per centum, as determined by the preceding
4 enrollment, of the then enrolled voters of the party residing within the
5 political unit in which the office or position is to be voted for
6 (excluding voters in inactive status), provided, however, that for the
7 following public offices the number of signatures need not exceed the
8 following limits:
9 (h) For any office to be filled by all the voters of any state senato-
10 rial district, except the office of district delegate to a convention to
11 revise and amend the state constitution, one thousand signatures;
12 2-a. Petitions for the office of district delegate to a convention to
13 revise and amend the state constitution must be signed by not less than
14 five hundred or two and one-half per centum, whichever is less, of the
15 then enrolled voters of the party residing within the state senate
16 district (excluding voters in inactive status).
17 4. If a petition of a candidate for the office of delegate to a
18 convention to revise and amend the state constitution is rejected, such
19 candidate shall be afforded seven business days to correct technical
20 errors in filed petitions after the official filing of petition or, when
21 the petition is the subject of a judicial challenge within seven busi-
22 ness days after the commencement of the lawsuit.
23 5. The provisions of this section shall be liberally construed to
24 avoid the disqualification of candidates to the maximum extent feasible,
25 not inconsistent with substantial compliance therewith and the
26 prevention of fraud. "Substantial compliance" within this section means
27 actual compliance in respect to the substance essential to every reason-
28 able objective of the statute. It means that a court should determine
29 whether the statute has been followed sufficiently so as to carry out
30 the intent for which it was adopted. Substantial compliance with a stat-
31 ute is not shown unless it is made to appear that the purpose of the
32 statute is shown to have been served. What constitutes substantial
33 compliance with a statute is a matter depending on the facts of each
34 particular case.
35 § 3. Section 7-104 of the election law is amended by adding two new
36 subdivisions 9 and 10 to read as follows:
37 9. At a general election at which the names of candidates for dele-
38 gate-at-large to a convention to revise and amend the state constitution
39 appear on the ballot, each voter shall be entitled to vote for one
40 candidate and the fifteen candidates statewide receiving the highest
41 number of votes shall be elected to the office of delegate-at-large to
42 such convention to revise and amend the state constitution.
43 10. At a general election at which the names of candidates for the
44 office of district delegate to a convention to revise and amend the
45 state constitution appear on the ballot of such district, each voter
46 shall be entitled to vote for one candidate and the three candidates of
47 such district receiving the highest number of votes shall be elected to
48 the office of district delegates to such convention to revise and amend
49 the state constitution.
50 § 4. Subdivision 1 of section 14-114 of the election law is amended by
51 adding a new paragraph b-1 to read as follows:
52 b-1. No contributor may make a contribution to any candidate or
53 authorized committee of a candidate for an office or position subject to
54 the provisions of this section who is also a candidate in the same
55 election for the office of delegate-at-large or district delegate to a
56 convention to revise and amend the state constitution, and no such
S. 2516 3
1 candidate or authorized committee of a candidate for delegate-at-large
2 or district delegate may accept any contribution from any contributor
3 which is in the aggregate amount, greater than the larger amount which
4 may be contributed to such a candidate for delegate-at-large or district
5 delegate to a convention to revise and amend the state constitution or
6 such other office or position subject to the provisions of this section.
7 § 5. Sections 14-100 through 14-132 of article 14 of the election law
8 are designated title 1 and a new title heading is added to read as
9 follows:
10 GENERAL CAMPAIGN RECEIPTS AND EXPENDITURES
11 § 6. Article 14 of the election law is amended by adding a new title 2
12 to read as follows:
13 TITLE II
14 STATE PUBLIC FINANCING
15 FOR THE ELECTION OF
16 DELEGATES TO A CONVENTION
17 TO REVISE AND AMEND THE STATE
18 CONSTITUTION
19 Section 14-200. Definitions.
20 14-202. Eligibility.
21 14-204. Qualified campaign expenditures.
22 14-206. Optional public financing.
23 14-208. Contribution and receipt limitations.
24 14-210. Expenditure limitations.
25 14-212. Examinations and audits; repayments.
26 14-214. Penalties.
27 14-216. Civil penalties.
28 § 14-200. Definitions. As used in this title, unless another meaning
29 is clearly indicated:
30 1. The term "state board" shall mean the state board of elections.
31 2. The term "candidate" shall mean a candidate for nomination or
32 election to the office of delegate-at-large to a convention to revise
33 and amend the state constitution, or a candidate for nomination or
34 election to the office of district delegate to a convention to revise
35 and amend the state constitution.
36 3. The term "eligible candidate" shall mean a candidate who meets the
37 requirements for eligibility in section 14-202 of this title.
38 4. The term "matchable contributions" shall mean that portion of the
39 aggregate contributions made after the effective date of this title by
40 natural persons resident in the state of New York to a candidate for
41 nomination or election to any of the offices covered by the provisions
42 of this title which do not exceed five hundred dollars, which have been
43 reported in full by the candidate's authorized committee to the state
44 board, including the contributor's full name and residential address
45 and, with respect to contributions of more than one hundred dollars, the
46 name and address of the contributor's employer. "Matchable contrib-
47 utions" shall be the net amount of any monetary contribution realized by
48 a candidate or designated committee after deducting the reasonable value
49 of any goods or services provided the contributor in connection with the
50 contribution, except that contributions from any person who has received
51 a payment or anything of value from such committee or from a person who
52 is an officer, director or employee of, or a person who has a ten
53 percent or greater ownership interest in any entity which has received
54 such a payment or thing of value shall not be matchable. A loan may not
S. 2516 4
1 be treated as a matchable contribution. For purposes of this subdivi-
2 sion, a "contributor" shall be deemed to include the spouse and uneman-
3 cipated children of any individual contributor.
4 5. The term "qualified campaign expenditure" shall mean an expenditure
5 for which public funds may be used.
6 6. The term "fund" shall mean the New York state delegate to the
7 constitutional convention campaign finance fund established in section
8 eighty-five of the state finance law.
9 7. The term "threshold for eligibility" shall mean the amount of total
10 matchable contributions that the authorized committee of an otherwise
11 eligible candidate for election must receive in order to qualify for
12 optional public financing pursuant to this title.
13 § 14-202. Eligibility. 1. To be eligible for optional public financing
14 under this title, a candidate for nomination or election must:
15 (a) Meet all the requirements of this chapter and other provisions of
16 law to have his or her name on the ballot;
17 (b) Be a candidate as defined in section 14-200 of this title at a
18 primary or general election and meet the threshold for eligibility set
19 forth in subdivision two of this section;
20 (c) Elect to participate in the public funding provisions of this
21 title not later than seven days after the last day to file designating
22 petitions for the office such candidate is seeking;
23 (d) Agree to obtain and furnish to the state board any evidence it may
24 reasonably request relating to his or her campaign expenditures or
25 contributions and furnish such other proof of compliance with this title
26 as may be requested by the state board;
27 (e) Have a single authorized political committee which he or she
28 certifies as the authorized committee for the purposes of this title;
29 (f) Agree to identify accurately in all campaign materials the person
30 or entity that paid for such campaign material; and
31 (g) Agree not to make expenditures for his or her designation, nomi-
32 nation or election to more than one office or position or any combina-
33 tion thereof on the ballot in the same election in which he or she is a
34 candidate for the office of delegate-at-large or district delegate to a
35 convention to revise and amend the state constitution, which in the
36 aggregate, for all such offices and positions sought at the election,
37 exceed the expenditure limitations established by this title for an
38 eligible candidate.
39 2. The threshold for eligibility for public funding for candidates in
40 a primary or general election for the following offices shall be:
41 (a) A candidate for delegate-at-large to a convention to revise and
42 amend the state constitution in a primary election or a candidate for
43 delegate-at-large to a convention to revise and amend the state consti-
44 tution in a general election. Not less than seventy-five thousand
45 dollars in matchable contributions including at least five hundred such
46 contributions of ten dollars or more or one-half of the expenditure
47 limit, whichever is less.
48 (b) District delegate to a convention to revise and amend the state
49 constitution in a primary or general election. Not less than seven thou-
50 sand five hundred dollars in matchable contributions including at least
51 twenty-five such contributions of ten dollars or more from residents of
52 the district in which the seat is to be filled or one-half of the
53 expenditure limit, whichever is less.
54 3. In order to be eligible to receive public funds in a primary
55 election, a candidate must agree that in the event such candidate is a
56 candidate for such office in the general election in such year, such
S. 2516 5
1 candidate will be bound by the provisions of this title and section
2 eighty-five of the state finance law, including, but not limited to, the
3 receipt and expenditure limits of this title.
4 4. Candidates for district delegate who are contested in a primary
5 election and who do not seek public funds shall not be eligible for
6 public funds for the general election in that year.
7 5. Candidates who are unopposed in a general election shall not be
8 eligible to receive public funds.
9 6. No candidate for election to an office in a primary or general
10 election who has qualified for public funds shall receive such public
11 funds unless at least one other candidate for such office in such
12 election also qualified to receive public funds or at least one other
13 candidate for such office in such election and such candidate's author-
14 ized committee have spent, or contracted or obligated to spend, or have
15 received in loans or contributions an amount exceeding ten percent of
16 the expenditure limit for such office in such election which is fixed by
17 this title for candidates who have elected to accept such public funds.
18 If a candidate for an office and the authorized committee of such candi-
19 date reaches the threshold to qualify to receive public funds, or spends
20 or contracts or obligates to spend, or receives in loans or contrib-
21 utions, an amount exceeding ten percent of the expenditure limit for
22 such office in such election at any time after the filing deadline for
23 the last report required to be filed before the first distribution of
24 public funds for such election, such candidate or committee must notify
25 the state board of that fact within forty-eight hours by express mail.
26 § 14-204. Qualified campaign expenditures. 1. Public funds provided
27 under the provisions of this title and section eighty-five of the state
28 finance law may only be used for expenditures by any one committee
29 authorized by the candidate to make expenditures on such candidate's
30 behalf, to further the candidate's nomination or election during the
31 calendar year in which the primary or general election in which the
32 candidate seeking nomination or election is held, for services, materi-
33 als, facilities or other things of value used during that year. The
34 total of all expenditures made by the candidate and such candidate's
35 authorized committee, including all payments received from the fund,
36 shall not exceed the expenditure limitations established in section
37 14-210 of this title, except insofar as such payments are made to repay
38 loans used to pay campaign expenditures.
39 2. Such public funds may not be used for:
40 (a) An expenditure in violation of any law of the United States or of
41 this state;
42 (b) Payments or anything of value given or made to the candidate, a
43 relative of the candidate, or to a business entity in which any such
44 person has a ten percent or greater ownership interest or of which any
45 such person is an officer, director or employee;
46 (c) Payment in excess of the fair market value of services, materials,
47 facilities or other things of value received in exchange;
48 (d) Any expenditure made after the candidate, or the only remaining
49 opponent of the candidate, has been disqualified or had such candidate's
50 petitions declared invalid by a board of elections or a court of compe-
51 tent jurisdiction until and unless such finding is reversed by a higher
52 authority. This paragraph shall not apply to a candidate entitled to
53 expend public funds pursuant to the provisions of subdivision three of
54 section 14-206 of this title;
S. 2516 6
1 (e) Any expenditure made to challenge the validity of any petition of
2 designation or nomination or any certificate of nomination, acceptance,
3 authorization, declination or substitution;
4 (f) Expenditure for noncampaign related food, drink or entertainment;
5 and
6 (g) Gifts, except brochures, buttons, signs and other campaign materi-
7 al.
8 § 14-206. Optional public financing. 1. Eligible candidates for nomi-
9 nation or election in primary and general elections may obtain payment
10 to authorized committees from public funds for qualified campaign
11 expenditures. No such public funds shall be paid to an authorized
12 committee until the candidate has qualified as an eligible candidate and
13 filed a sworn statement with the state board electing to receive public
14 funds and agreeing to abide by the requirements of this title and
15 section eighty-five of the state finance law. Payments shall not exceed
16 the amounts specified in this title, and shall be made only in accord-
17 ance with the provisions of this title and section eighty-five of the
18 state finance law. Such payments may only be made to an eligible candi-
19 date's authorized committee. No public funds shall be used except as
20 reimbursement or payment for qualified campaign expenditures actually
21 and lawfully incurred or to repay loans used to pay qualified campaign
22 expenditures.
23 2. (a) The authorized committee of each eligible candidate shall be
24 entitled to payment for qualified campaign expenditures not to exceed
25 one dollar for each one dollar of matchable contributions obtained and
26 reported to the state board in accordance with the provisions of this
27 title.
28 (b) However, if any candidate in any election for an office for which
29 public funds are available pursuant to the provisions of this title and
30 section eighty-five of the state finance law, elects not to accept such
31 public funds and such candidate and such candidate's authorized commit-
32 tee spend or contract or obligate to spend, or receive in loans or
33 contributions, an amount exceeding one-third of the expenditure limit
34 for such office fixed by this title for candidates who have elected to
35 accept such public funds, then the authorized committee of each eligible
36 candidate for such office shall be entitled to payment for qualified
37 campaign expenditures not to exceed two dollars for each such dollar of
38 matchable contributions. If a candidate who elects not to accept such
39 public funds, or the authorized committee of such a candidate, spends or
40 contracts or obligates to spend, or receives in loans or contributions,
41 an amount exceeding one-third of the expenditure limit for such office,
42 such candidate or committee must notify the state board of the fact
43 within forty-eight hours by express mail.
44 3. No candidate for nomination for an office who is unopposed in a
45 primary election shall be entitled to payment from the fund for quali-
46 fied campaign expenditures, unless there is a contest in such primary
47 for the nomination of at least one other party for such office. Where
48 there is such a contest, the authorized committee of an unopposed candi-
49 date for nomination may receive one-half of the payment provided in
50 subdivision two of this section, provided that such candidate otherwise
51 qualifies pursuant to the provisions of this title. Such payment may
52 only be expended for property, services or facilities used on or before
53 the date of such primary.
54 4. The total payments from the fund received by the authorized commit-
55 tee of any candidate, when added to the total of contributions received
56 by such candidate and such candidate's authorized committee, may not
S. 2516 7
1 exceed the amount which may be expended by such candidate pursuant to
2 the provisions of this title.
3 5. The state board shall promptly examine all reports of contributions
4 to determine that, on their face, they meet the requirements for matcha-
5 ble contributions, and shall keep a record of such contributions.
6 6. The state board shall promulgate regulations for the certification
7 for approval of payment by the New York state delegate to the constitu-
8 tional convention campaign finance fund pursuant to section eighty-five
9 of the state finance law of the sum of public funds that such candidate
10 has qualified to receive from the New York state delegate to the consti-
11 tutional convention campaign finance fund. These regulations shall
12 include the promulgation and distribution of forms on which contrib-
13 utions and expenditures are to be reported, the periods during which
14 such reports must be filed and the verification required. The state
15 board shall endeavor to institute procedures which will make possible
16 payment by the New York state delegate to the constitutional convention
17 campaign finance fund within four business days after receipt of the
18 required forms and verifications.
19 § 14-208. Contribution and receipt limitations. 1. The following limi-
20 tations apply to all contributions for those offices for which public
21 funds are available pursuant to the provisions of this title and section
22 eighty-five of the state finance law:
23 (a) In any primary or general election for a public office to be voted
24 on by the voters of the entire state, no contributor may make a contrib-
25 ution to any candidate or authorized committee, and no candidate or
26 authorized committee may accept any contribution from any contributor,
27 which, in the aggregate amount, is greater than four thousand dollars. A
28 candidate for delegate-at-large to a convention to revise and amend the
29 state constitution in a general election who has elected to participate
30 in the optional public financing provisions of this title may accept
31 from one or more of the party committees or constituted committees of
32 all the parties which have nominated such candidate, an amount which, in
33 the aggregate, does not exceed one hundred thousand dollars. A candi-
34 date for delegate-at-large to a convention to revise and amend the state
35 constitution in a general election who has elected not to participate in
36 such optional public financing may accept from such party or constituted
37 committee an amount, which in the aggregate, does not exceed fifty thou-
38 sand dollars.
39 (b) In any primary or general election for district delegate to a
40 convention to revise and amend the state constitution, no contributor
41 may make a contribution to any candidate or authorized committee, and no
42 candidate or authorized committee may accept any contribution from any
43 contributor, which, in the aggregate amount, is greater than one thou-
44 sand five hundred dollars, except that a candidate for district delegate
45 to a convention to revise and amend the state constitution in a general
46 election who has elected to participate in the optional public financing
47 provisions of this title or such candidate's authorized committee may
48 accept from one or more of the party or constituted committees of all of
49 the parties which have nominated such candidate, an amount which in the
50 aggregate does not exceed fifty thousand dollars. A candidate for
51 district delegate to a convention to revise and amend the state consti-
52 tution who has elected not to participate in such optional public
53 financing may accept from such party or constituted committees an amount
54 which, in the aggregate, does not exceed thirty thousand dollars.
55 (c) However, if any candidate elects not to accept such public funds
56 and such candidate and such candidate's authorized committee spend or
S. 2516 8
1 contract or obligate to spend, or receive in loans or contributions, an
2 amount exceeding one-third of the expenditure limit for such office
3 fixed by this title for candidates who have elected to accept such
4 public funds, contributors to those candidates for such office who have
5 elected to receive public funds shall be allowed to contribute and such
6 candidates or authorized committees shall be allowed to accept contrib-
7 utions from any contributor, which, in the aggregate, are twice the
8 amount which would otherwise be allowed by paragraphs (a) and (b) of
9 this subdivision, whichever is applicable. If a candidate who elects not
10 to accept such public funds, and the authorized committee of such a
11 candidate spends or contracts or obligates to spend, or receives in
12 loans or contributions, an amount exceeding one-third of the expenditure
13 limit for such office, such candidate or committee must notify the state
14 board of that fact within forty-eight hours by express mail.
15 (d) Sixty days before an election at which a ballot question which
16 asks the voters of the state if there shall be a convention to revise
17 and amend the state constitution is on the ballot, the state board shall
18 determine the percentage difference between the most recent available
19 monthly consumer price index for all urban consumers published by the
20 United States bureau of labor statistics and such consumer price index
21 published for the same month at the end of two thousand one. The amount
22 of each contribution limit fixed in this subdivision shall be adjusted
23 by the amount of such percentage difference to the closest one hundred
24 dollars by the state board, which shall forthwith issue a regulation
25 setting forth the amount of each such contribution limit. Each contrib-
26 ution limit as so adjusted shall be the contribution limit in effect for
27 any election held before the next such adjustment.
28 2. A committee which has been authorized by a person who is a candi-
29 date for delegate-at-large or district delegate to a convention to
30 revise and amend the state constitution in connection with such person's
31 candidacy for another office or position may not be designated as the
32 authorized committee for the election for delegate-at-large or district
33 delegate to the convention to revise and amend the state constitution.
34 Such committee may not contribute to such candidate and such candidate's
35 authorized committee for the office of delegate-at-large or district
36 delegate to a convention to revise and amend the state constitution any
37 more than the contribution limit for such office established by this
38 title, nor shall such other authorized committee transfer any money or
39 thing of value to such candidate or the committee authorized by such
40 candidate for the election for delegate-at-large or district delegate to
41 a convention to revise and amend the state constitution.
42 3. Except for the limitations specifically set forth in this section,
43 such eligible candidates shall be subject to the provisions of section
44 14-114 of this article.
45 § 14-210. Expenditure limitations. 1. The following limitations apply
46 to all expenditures by eligible candidates and their authorized commit-
47 tees receiving public funds pursuant to the provisions of this title and
48 section eighty-five of the state finance law.
49 2. (a) In any primary election, expenditures by eligible candidates
50 for delegate-at-large to a convention to revise and amend the state
51 constitution and their authorized committees, including expenditures for
52 nomination to any other office or position for which such person is a
53 candidate at such election, shall not exceed the sum of seventy-five
54 cents for each voter enrolled in the candidate's party in the state, or
55 two hundred fifty thousand dollars, whichever is greater, and expendi-
56 tures by eligible candidates for district delegate to a convention to
S. 2516 9
1 revise and amend the state constitution and their authorized committees
2 shall not exceed the sum of one dollar and seventy-five cents for each
3 voter enrolled in the candidate's party in the district in which such
4 candidate is a candidate as determined by the records of the appropriate
5 board or boards of election as of the last general election preceding
6 the primary election, or fifteen thousand dollars, whichever is greater.
7 However, such expenditures shall not exceed five hundred thousand
8 dollars in a primary election for delegate-at-large to a convention to
9 revise and amend the state constitution, and thirty thousand dollars in
10 a primary election for district delegate to a convention to revise and
11 amend the state constitution.
12 (b) In any general election, expenditures by eligible candidates for
13 the following offices and their designated committees, including expend-
14 itures for election to any other office for which such person is a
15 candidate at such election, shall not exceed the following amounts:
16 For a candidate for:
17 delegate-at-large
18 to a convention to revise and
19 amend the state constitution$1,500,000
20 district delegate
21 to a convention to revise and
22 amend the state constitution$150,000
23 (c) However, if any candidate elects not to accept such public funds
24 and such candidate and such candidate's authorized committee spend or
25 contract or obligate to spend, or receive in loans or contributions, an
26 amount exceeding one-third of the expenditure limit for such office
27 fixed by paragraph (a) or (b) of this subdivision, whichever is applica-
28 ble, for candidates who have elected to accept such public funds, there
29 shall be no expenditure limit for those candidates for such office who
30 have elected to receive public funds. If a candidate who elects not to
31 accept such public funds, and such candidate and the authorized commit-
32 tee of such a candidate spends or contracts or obligates to spend, or
33 receives in loans or contributions, an amount exceeding one-third of the
34 expenditure limit for such office, such candidate or committee must
35 notify the state board of that fact within forty-eight hours by express
36 mail.
37 (d) Candidates for office who are unopposed in the primary election
38 may expend before the primary election, for services, materials or
39 facilities used on or before the date of such primary election, an
40 amount equal to half the sum such candidates would be entitled to spend
41 if their nomination was contested in such primary election; provided
42 that there is a contest in such primary for the nomination of at least
43 one other party for such office.
44 (e) Expenditures for legal fees and expenses to defend the validity of
45 petitions of designation or nomination or certificates of nomination,
46 acceptance, authorization, declination or substitution, or to challenge
47 successfully, any such petition or certificate on grounds of fraud and
48 for expenses incurred to comply with the campaign finance reporting
49 requirements of this article shall not be subject to the expenditure
50 limits of this subdivision.
51 (f) Notwithstanding any expenditure limit in this subdivision, each
52 county committee of any party which nominates a candidate for statewide
S. 2516 10
1 office, including any subcommittees of such a committee, may expend in
2 support of each such candidate for statewide office of such party who
3 has agreed to accept public financing, an amount which shall not exceed
4 the sum of two cents for each voter registered in such county as deter-
5 mined by the records of the appropriate board of elections as of the
6 preceding general election.
7 (g) Sixty days before an election at which a ballot question which
8 asks the voters of the state if there shall be a convention to revise
9 and amend the state constitution is on the ballot, the state board shall
10 determine the percentage difference between the most recent available
11 monthly consumer price index for all urban consumers published by the
12 United States bureau of labor statistics and such consumer price index
13 published at the end of two thousand one. The amount of each expenditure
14 limit fixed in this subdivision shall be adjusted by the amount of such
15 percentage difference to the closest one thousand dollars by the state
16 board, which shall forthwith issue a regulation setting forth the amount
17 of each such contribution limit. Each contribution limit as so adjusted
18 shall be the contribution limit in effect for any election held before
19 the next such adjustment.
20 3. In computing the aggregate amount expended for purposes of this
21 section, expenditures made by a committee in support of more than one
22 candidate shall be allocated among such candidates supported by the
23 committee in accordance with formulas promulgated by the state board or,
24 in the absence of such official formulas, in accordance with any formula
25 based upon reasonable standards. The statements filed by such committee
26 in accordance with this chapter shall set forth, in addition to the
27 other information required, the total amount expended by the committee
28 on behalf of all such candidates and the amount allocated to each candi-
29 date by dollar amount and percentage. Expenditures by a state or other
30 committee of a political party for activities which do not support or
31 oppose the election of any candidate or candidates by name or by clear
32 inference shall not be regarded as expenditures on behalf of or in oppo-
33 sition to a candidate.
34 § 14-212. Examinations and audits; repayments. 1. The state board
35 shall conduct a thorough examination and audit of the contributions and
36 qualified campaign expenses of the authorized committee of every eligi-
37 ble candidate who received payments pursuant to section 14-206 of this
38 title.
39 2. (a) If the state board determines that any portion of the payment
40 made to such authorized committee from the fund was in excess of the
41 aggregate amount of payments to which such eligible candidate was enti-
42 tled pursuant to section 14-206 of this title, it shall notify such
43 committee, and such committee shall pay to the state board an amount
44 equal to the amount of excess payments.
45 (b) If the state board determines that any amount of payment made to
46 an authorized committee of an eligible candidate from the fund was used
47 for purposes other than to defray qualified campaign expenses, it shall
48 notify the said authorized committee of the amount disqualified, and the
49 said authorized committee shall pay to the state board an amount equal
50 to such disqualified amount.
51 (c) If the total of contributions and payments from the fund received
52 by any candidate and such candidate's authorized committee exceeds the
53 campaign expenditures of such candidate and committee, such candidate
54 and committee shall use such excess funds to reimburse the fund for
55 payments received by such committee from the fund not later than ten
56 days after all liabilities have been paid and in any event, not later
S. 2516 11
1 than March thirty-first of the year following the year of the election
2 for which such payments were intended. No such excess funds shall be
3 used for any other purpose, unless the total amount due the fund from
4 such candidate and committee has been repaid.
5 3. If a court of competent jurisdiction disqualifies a candidate whose
6 authorized committee has received public funds on the grounds that such
7 candidate committed fraudulent acts in order to obtain a place on the
8 ballot and such decision is not reversed by a higher court, such candi-
9 date and such candidate's authorized committee shall pay to the state
10 board an amount equal to the total of public funds received by such
11 authorized committee.
12 4. All payments received by the state board pursuant to this section
13 shall be deposited in the New York state delegate to the constitutional
14 convention campaign finance fund.
15 § 14-214. Penalties. 1. Any person who knowingly and willfully fails
16 to file a statement required to be filed by this title or the rules or
17 regulations of the state board in implementation thereof within five
18 days after the date provided for filing such statement, or any person
19 who knowingly and willfully violates any other provision of this title
20 or of section eighty-five of the state finance law shall be guilty of a
21 class A misdemeanor, unless a greater penalty is specifically prescribed
22 in another applicable statute.
23 2. Any person who knowingly and willfully contributes or expends or
24 aids or participates in the contribution or expenditure of funds in an
25 amount exceeding an applicable maximum specified in this title, or who
26 knowingly and willfully accepts or aids or participates in the accept-
27 ance of a contribution in an amount exceeding an applicable maximum
28 specified in this title shall be guilty of a class A misdemeanor.
29 3. Any person who knowingly and willfully neglects or refuses to
30 furnish any information required or authorized by this title or by
31 section eighty-five of the state finance law, or to exhibit records,
32 papers or documents authorized by this title or by section eighty-five
33 of the state finance law to be inspected or which are required to be
34 exhibited, shall be guilty of a class A misdemeanor.
35 4. Any person who knowingly and willfully expends or aids or partic-
36 ipates in the expenditure of funds for a purpose or in a manner which
37 violates the provisions of this title, or which violates the provisions
38 of section eighty-five of the state finance law, shall be guilty of a
39 class A misdemeanor.
40 5. Any person who knowingly and willfully fails to return or aids or
41 participates in the failure to return to the state board or to the New
42 York state delegate to the constitutional convention campaign finance
43 fund any funds required to be returned to such board or fund pursuant to
44 the provisions of this title or section eighty-five of the state finance
45 law shall be guilty of a class A misdemeanor.
46 6. Any person who furnishes any false, fictitious or fraudulent
47 evidence, books or information to the state board of elections under
48 this title or includes in any evidence, books, or information so
49 furnished any misrepresentation of a material fact, or falsifies or
50 conceals any evidence, books, or information relevant to any audit by
51 the state board of elections or knowingly and willfully violates any
52 other provision of this title or of section eighty-five of the state
53 finance law shall be guilty of a class A misdemeanor.
54 7. The attorney general shall be primarily responsible for instituting
55 and conducting prosecutions under this section. In such cases, the
56 attorney general or the attorney general's deputy shall exercise all the
S. 2516 12
1 powers and perform all the duties which the district attorney would
2 otherwise be authorized or required to exercise or perform; whenever any
3 such prosecution is instituted by the attorney general, the district
4 attorney shall only exercise such powers and perform such duties as are
5 required of the district attorney by the attorney general or the deputy
6 attorney general. Until and unless the attorney general exercises
7 authority under this section, an otherwise authorized district attorney
8 may institute and conduct a prosecution under this section.
9 8. Whenever the attorney general is authorized under this title to
10 prosecute a criminal proceeding on behalf of the state board, the attor-
11 ney general shall have the discretion to delegate the authority to
12 initiate or conduct any such prosecution to the state board.
13 § 14-216. Civil penalties. 1. Any person who fails to file a statement
14 or record required to be filed by this title or the rules or regulations
15 of the state board in implementation thereof shall be subject to a civil
16 penalty, not in excess of one thousand dollars, to be recoverable in a
17 civil action brought by the state board.
18 2. If the aggregate amount of expenditures by a candidate and such
19 candidate's authorized committee exceeds the expenditure limitations
20 contained in this title, such candidate shall be liable for a civil
21 penalty in an amount equal to three times the sum by which such expendi-
22 tures exceed the permitted amount.
23 § 7. Paragraphs (ix) and (x) of subdivision (c) of section 1-c of the
24 legislative law, as added by chapter 1 of the laws of 2005, are amended
25 and a new paragraph (xi) is added to read as follows:
26 (ix) the adoption or rejection of any rule, regulation, or resolution
27 having the force and effect of a local law, ordinance, resolution, or
28 regulation; [or]
29 (x) the outcome of any rate making proceeding by any municipality or
30 subdivision thereof[.]; or
31 (xi) the action or inaction of a delegate to a constitutional conven-
32 tion.
33 § 8. Section 1-f of the legislative law, as added by chapter 2 of the
34 laws of 1999, is amended to read as follows:
35 § 1-f. [Monthly registration] Registration docket. 1. Monthly regis-
36 tration docket. It shall be the duty of the commission to compile a
37 monthly docket of statements of registration containing all information
38 required by section one-e of this article. Each such monthly docket
39 shall contain all statements of registration filed during such month and
40 all amendments to previously filed statements of registration. Copies
41 shall be made available for public inspection.
42 2. Constitutional convention delegate contact log. From the date upon
43 which the board of elections certifies the election of delegates to the
44 constitutional convention to the date the constitutional convention is
45 adjourned, each lobbyist, as defined by this article, shall file a log
46 each week of all contacts with delegates to the constitutional conven-
47 tion. Such log of these contacts shall be submitted to the commission.
48 The commission shall maintain a weekly docket which shall contain all
49 logs, copies of which shall be open and available for inspection by the
50 public.
51 § 9. Section 1-o of the legislative law is amended by adding a new
52 subdivision (e) to read as follows:
53 (e) Any person who fails to file any log of contacts with delegates of
54 the constitutional convention as required by this article shall be
55 subject to a civil penalty, not in excess of twenty-five dollars for the
56 first offense. Any person who knowingly and willfully fails to file any
S. 2516 13
1 log of contacts with delegates of the constitutional convention as
2 required by this article shall be guilty of a class A misdemeanor for
3 the second offense and each offense thereafter.
4 § 10. The opening paragraph of paragraph (a) of subdivision 2 of
5 section 73-a of the public officers law, as amended by section 5 of part
6 A of chapter 399 of the laws of 2011, is amended to read as follows:
7 Every statewide elected official, state officer or employee, member of
8 the legislature, delegate to a constitutional convention, legislative
9 employee and political party chairman and every candidate for statewide
10 elected office or for member of the legislature or for delegate to a
11 constitutional convention shall file an annual statement of financial
12 disclosure containing the information and in the form set forth in
13 subdivision three of this section. On or before the fifteenth day of May
14 with respect to the preceding calendar year:
15 § 11. The state finance law is amended by adding a new section 85 to
16 read as follows:
17 § 85. New York state delegate to the constitutional convention
18 campaign finance fund. 1. There is hereby established a special fund, to
19 be known as the New York state delegate to the constitutional convention
20 campaign finance fund, in the joint custody of the state comptroller and
21 the commissioner of taxation and finance. The moneys in such fund may be
22 expended by the state board of elections only as payments for partic-
23 ipating candidates in accordance with the provisions of title two of
24 article fourteen of the election law.
25 2. The fund shall be kept separate from all other funds and shall be
26 credited with all sums appropriated therefor, any donations received
27 pursuant to subdivision five of this section and all earnings accruing
28 on such funds.
29 3. As soon as practicable in the year two thousand twenty and in time
30 for inclusion in the executive expense budget in every year thereafter,
31 and at such other times as the state board of elections shall deem
32 necessary, said board shall submit its estimate of the amount of public
33 funds which will be necessary to provide candidates for delegates to the
34 constitutional convention sufficient financing for elections in the next
35 year in which elections are scheduled pursuant to law, and a reserve for
36 contingencies. Such estimates shall be submitted in such manner and at
37 such times as to ensure that such amounts as shall be necessary may be
38 appropriated in full by the beginning of the fiscal year prior to that
39 in which elections are scheduled pursuant to law and that additional
40 amounts may be appropriated as necessary.
41 4. The moneys in such fund shall be paid to participating candidates
42 by said board upon its certification that such candidates qualify for
43 such funds.
44 5. Said board shall be empowered to accept donations to be credited to
45 the fund. Said board may devise such methods of soliciting and collect-
46 ing donations as it may deem feasible and appropriate.
47 § 12. If any item, clause, sentence, subparagraph, subdivision,
48 section, or any other part of this act, or the application thereof to
49 any person or circumstances, is held to be invalid, such holding shall
50 not affect, impair, or invalidate the remainder of this act, of the
51 application of such section or part of a section held invalid, to any
52 other person or circumstances, but shall be confined in its operation to
53 the item, clause, sentence, subparagraph, subdivision, section, or other
54 part of this act directly involved in such holding, or to the person and
55 circumstances therein involved.
S. 2516 14
1 § 13. This act shall take effect on the first of January next succeed-
2 ing the date on which it shall have become a law; provided, however,
3 that the state commissioner of taxation and finance and the state comp-
4 troller may promulgate any rules, regulations and forms necessary for
5 the implementation of section 85 of the state finance law, as added by
6 section eleven of this act on or before the effective date of this act.
