Bill Text: NY A07123 | 2013-2014 | General Assembly | Introduced
Bill Title: Enacts the 2013 Local Fair Elections Act.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-08 - referred to election law [A07123 Detail]
Download: New_York-2013-A07123-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7123 2013-2014 Regular Sessions I N A S S E M B L Y May 1, 2013 ___________ Introduced by M. of A. ABINANTI -- read once and referred to the Commit- tee on Election Law AN ACT to amend the election law, in relation to enacting the "2013 Local Fair Elections Act"; and 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 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 "2013 Local Fair Elections Act". 3 S 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 municipal offices. 10 S 3. Article 14 of the election law is amended by adding a new title 3 11 to read as follows: 12 TITLE III 13 LOCAL PUBLIC FINANCING 14 SECTION 14-300. DEFINITIONS. 15 14-301. OPTION TO PARTICIPATE. 16 14-302. REPORTING REQUIREMENTS. 17 14-303. ELIGIBILITY. 18 14-304. QUALIFIED CAMPAIGN EXPENDITURES. 19 14-306. OPTIONAL PUBLIC FINANCING. 20 14-308. CONTRIBUTION AND RECEIPT LIMITATIONS. 21 14-310. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS. 22 14-312. CAMPAIGN FINANCE BOARD. 23 14-314. EXAMINATIONS AND AUDITS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10356-03-3 A. 7123 2 1 14-316. CIVIL ENFORCEMENT. 2 14-318. CRIMINAL PENALTIES. 3 14-320. REPORTS. 4 14-322. DEBATES. 5 14-324. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND. 6 S 14-300. DEFINITIONS. AS USED IN THIS TITLE, UNLESS ANOTHER MEANING 7 IS CLEARLY INDICATED: 8 1. THE TERM "BOARD" OR "CAMPAIGN FINANCE BOARD" MEANS THE BOARD 9 CREATED BY SECTION 14-312 OF THIS TITLE. 10 2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION 11 OR ELECTION TO ANY MUNICIPAL OFFICE OF ANY LOCAL GOVERNMENT. 12 3. THE TERM "PARTICIPATING COMMITTEE" SHALL MEAN A SINGLE AUTHORIZED 13 POLITICAL COMMITTEE WHICH A CANDIDATE CERTIFIES IS THE COMMITTEE THAT 14 WILL SOLELY BE USED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTAB- 15 LISHED BY THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMA- 16 RY, GENERAL OR SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT. A 17 MULTI-CANDIDATE COMMITTEE MAY NOT BE A PARTICIPATING COMMITTEE. 18 4. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE WHO IS 19 ELIGIBLE TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM ESTAB- 20 LISHED BY THIS TITLE, HAS MET THE THRESHOLD FOR ELIGIBILITY AND HAS 21 ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM. 22 5. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR 23 ANY OFFICE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING UNDER THIS TITLE FOR A 24 COVERED ELECTION WHO FAILS TO FILE A STATEMENT IN THE FORM OF AN AFFIDA- 25 VIT PURSUANT TO SECTION 14-306 OF THIS TITLE. 26 6. THE TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION OF THE 27 AGGREGATE CONTRIBUTIONS MADE (A) IN THE CASE OF A PRIMARY OR GENERAL 28 ELECTION, AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR GENER- 29 AL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OF A 30 SPECIAL ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION BY NATURAL PERSONS 31 RESIDENT IN THE STATE OF NEW YORK TO A CANDIDATE FOR NOMINATION OR 32 ELECTION TO ANY OF THE OFFICES COVERED BY THE PROVISIONS OF THIS TITLE 33 WHICH DO NOT EXCEED TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEEN REPORTED 34 IN FULL BY THE CANDIDATE'S PARTICIPATING COMMITTEE TO THE CAMPAIGN 35 FINANCE BOARD, INCLUDING THE CONTRIBUTOR'S FULL NAME AND RESIDENTIAL 36 ADDRESS. "MATCHABLE CONTRIBUTIONS" SHALL BE THE NET AMOUNT OF ANY MONE- 37 TARY CONTRIBUTION REALIZED BY A CANDIDATE OR DESIGNATED COMMITTEE AFTER 38 DEDUCTING THE REASONABLE VALUE OF ANY GOODS OR SERVICES PROVIDED THE 39 CONTRIBUTOR IN CONNECTION WITH THE CONTRIBUTION, EXCEPT THAT CONTRIB- 40 UTIONS FROM ANY PERSON WHO HAS RECEIVED A PAYMENT OR ANYTHING OF VALUE 41 FROM SUCH COMMITTEE OR FROM A PERSON WHO IS AN OFFICER, DIRECTOR OR 42 EMPLOYEE OF, OR A PERSON WHO HAS A TEN PERCENT OR GREATER OWNERSHIP 43 INTEREST IN ANY ENTITY WHICH HAS RECEIVED SUCH A PAYMENT OR THING OF 44 VALUE SHALL NOT BE MATCHABLE. A LOAN MAY NOT BE TREATED AS A MATCHABLE 45 CONTRIBUTION. 46 7. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE 47 FOR WHICH PUBLIC FUNDS MAY BE USED. 48 8. THE TERM "FUND" SHALL MEAN THE LOCAL CAMPAIGN FINANCE FUND CREATED 49 BY SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW. 50 9. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL 51 MATCHABLE CONTRIBUTIONS THAT THE PARTICIPATING COMMITTEE OF AN OTHERWISE 52 ELIGIBLE CANDIDATE MUST RECEIVE, AS REQUIRED BY SECTION 14-303 OF THIS 53 TITLE, IN ORDER TO QUALIFY FOR OPTIONAL PUBLIC FINANCING PURSUANT TO 54 THIS TITLE. 55 10. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN SUBDIVI- 56 SION NINE OF SECTION 14-100 OF THIS ARTICLE. A. 7123 3 1 11. THE TERM "ELECTOR" SHALL MEAN A REGISTERED VOTER OF THIS STATE 2 REGISTERED TO VOTE IN THE LOCAL GOVERNMENT WHICH IS ELIGIBLE TO PARTIC- 3 IPATE IN THE PUBLIC FINANCING SYSTEM ESTABLISHED BY THIS TITLE. 4 S 14-301. OPTION TO PARTICIPATE. 1. ANY MUNICIPALITY OR COUNTY HAVING 5 A POPULATION OF TWO MILLION OR LESS, ACTING THROUGH ITS LOCAL LEGISLA- 6 TIVE BODY, IS HEREBY AUTHORIZED AND EMPOWERED TO ELECT TO PARTICIPATE IN 7 PUBLIC FINANCING AUTHORIZED BY THIS TITLE BY ADOPTING A RESOLUTION. 8 2. PUBLIC REFERENDUM TO PARTICIPATE. THE ELECTORS OF ANY LOCAL GOVERN- 9 MENT ELIGIBLE TO PARTICIPATE UNDER SUBDIVISION ONE OF THIS SECTION, MAY 10 SEEK A PUBLIC REFERENDUM TO REQUIRE ITS LOCAL GOVERNMENT TO PARTICIPATE 11 IN PUBLIC FINANCING AUTHORIZED BY THIS TITLE BY FILING AN ORIGINAL PETI- 12 TION, CONTAINING THE SIGNATURES OF AT LEAST FIVE PERCENT OF THE NUMBER 13 OF ELECTORS IN SUCH LOCAL GOVERNMENT. SUCH PETITION AND REFERENDUM SHALL 14 BE SUBJECT TO ALL LAWS, RULES AND REGULATIONS APPLICABLE TO THE LOCAL 15 GOVERNMENT IN WHICH THE ELECTORS ARE SEEKING TO REQUIRE PARTICIPATION IN 16 THE PUBLIC FINANCING AUTHORIZED BY THIS TITLE. 17 S 14-302. REPORTING REQUIREMENTS. 1. EVERY PARTICIPATING CANDIDATE 18 SHALL NOT DESIGNATE MORE THAN ONE AUTHORIZED COMMITTEE. BEFORE RECEIVING 19 ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION, EACH 20 PARTICIPATING CANDIDATE SHALL NOTIFY THE STATE BOARD OF ELECTIONS AND 21 THE CAMPAIGN FINANCE BOARD AS TO THE EXISTENCE OF HIS OR HER AUTHORIZED 22 COMMITTEE THAT HAS BEEN DESIGNATED AND APPROVED BY SUCH CANDIDATE. EACH 23 SUCH AUTHORIZED COMMITTEE SHALL, BEFORE OPENING A COMMITTEE BANK 24 ACCOUNT, RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A 25 COVERED ELECTION: 26 (A) DESIGNATE A TREASURER; AND 27 (B) OBTAIN A TAX IDENTIFICATION NUMBER FROM THE INTERNAL REVENUE 28 SERVICE. 29 2. DISCLOSURE. (A) EVERY PARTICIPATING CANDIDATE SHALL FILE FINANCIAL 30 DISCLOSURE REPORTS WITH THE STATE BOARD OF ELECTIONS AS REQUIRED BY 31 TITLE ONE OF THIS ARTICLE. COPIES OF SUCH REPORTS SHALL ALSO BE SUBMIT- 32 TED TO THE CAMPAIGN FINANCE BOARD CREATED PURSUANT TO THIS ARTICLE AT 33 THE SAME TIME SUCH REPORTS ARE FILED WITH THE STATE BOARD OF ELECTIONS. 34 (B) THE CAMPAIGN FINANCE BOARD SHALL REVIEW EACH DISCLOSURE REPORT 35 FILED WITH THE STATE BOARD OF ELECTIONS PURSUANT TO TITLE ONE OF THIS 36 ARTICLE AND SHALL INFORM PARTICIPATING CANDIDATES AND POLITICAL COMMIT- 37 TEES INCLUDING THE AUTHORIZED COMMITTEE, OF RELEVANT QUESTIONS THE 38 CAMPAIGN FINANCE BOARD HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS 39 OF THIS TITLE AND OF THE RULES ISSUED BY THE CAMPAIGN FINANCE BOARD; AND 40 (II) QUALIFICATION FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS 41 TITLE. IN THE COURSE OF SUCH REVIEW, THE CAMPAIGN FINANCE BOARD SHALL 42 GIVE CANDIDATES AND POLITICAL COMMITTEES INCLUDING THE AUTHORIZED 43 COMMITTEE, AN OPPORTUNITY TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS 44 AND GIVE CANDIDATES AN OPPORTUNITY TO ADDRESS QUESTIONS THE BOARD HAS 45 CONCERNING THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERN- 46 ING ELIGIBILITY FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS 47 TITLE. NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE BOARD FROM SUBSE- 48 QUENTLY REVIEWING SUCH A DISCLOSURE REPORT AND TAKING ANY ACTION OTHER- 49 WISE AUTHORIZED BY THIS TITLE. 50 (C) ONLY ITEMIZED CONTRIBUTIONS CONTAINED IN REPORTS FILED WITH THE 51 STATE BOARD OF ELECTIONS SHALL BE ELIGIBLE FOR MATCHING FUNDS PURSUANT 52 TO THIS TITLE. 53 S 14-303. ELIGIBILITY. 1. TO BE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING 54 UNDER THIS TITLE, A CANDIDATE FOR NOMINATION OR ELECTION MUST: 55 (A) MEET ALL THE REQUIREMENTS OF THIS CHAPTER AND OTHER PROVISIONS OF 56 LAW TO HAVE HIS OR HER NAME ON THE BALLOT; A. 7123 4 1 (B) BE A CANDIDATE FOR MUNICIPAL OFFICE AT A PRIMARY, GENERAL OR 2 SPECIAL ELECTION AND MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN 3 SUBDIVISION TWO OF THIS SECTION; 4 (C) ELECT TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTABLISHED BY 5 THIS TITLE NOT LATER THAN SEVEN DAYS AFTER THE LAST DAY TO FILE DESIG- 6 NATING PETITIONS FOR THE OFFICE SUCH CANDIDATE IS SEEKING OR, IN THE 7 CASE OF A SPECIAL ELECTION, NOT LATER THAN THE LAST DAY TO FILE NOMINAT- 8 ING CERTIFICATES FOR SUCH OFFICE; 9 (D) AGREE TO OBTAIN AND FURNISH TO THE CAMPAIGN FINANCE BOARD ANY 10 EVIDENCE IT MAY REASONABLY REQUEST RELATING TO HIS OR HER CAMPAIGN 11 EXPENDITURES OR CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE 12 WITH THIS TITLE AS MAY BE REQUESTED BY THE BOARD; 13 (E) HAVE A SINGLE AUTHORIZED POLITICAL COMMITTEE WHICH HE OR SHE 14 CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE; 15 AND 16 (F) AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE PERSON 17 OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL. 18 2. THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES IN 19 A PRIMARY, GENERAL OR SPECIAL ELECTION FOR COUNTY AND MUNICIPAL OFFICES 20 SHALL BE AS FOLLOWS: 21 (A) IN A MUNICIPALITY OR COUNTY WITH A POPULATION BETWEEN TWO HUNDRED 22 FIFTY THOUSAND AND UP TO AND INCLUDING TWO MILLION IN A PRIMARY OR 23 GENERAL ELECTION. NOT LESS THAN TWO HUNDRED THOUSAND DOLLARS FROM AT 24 LEAST TWO THOUSAND MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO 25 HUNDRED FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK 26 STATE. 27 (B) IN A MUNICIPALITY OR COUNTY WITH A POPULATION BETWEEN ONE HUNDRED 28 FIFTY THOUSAND AND UP TO AND INCLUDING TWO HUNDRED FIFTY THOUSAND IN A 29 PRIMARY, GENERAL OR SPECIAL ELECTION. NOT LESS THAN TWENTY THOUSAND 30 DOLLARS FROM AT LEAST TWO HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF 31 SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO 32 RESIDES IN NEW YORK STATE INCLUDING AT LEAST TEN THOUSAND DOLLARS FROM 33 AT LEAST ONE HUNDRED TWENTY-FIVE INDIVIDUAL CONTRIBUTORS WHO RESIDE IN 34 THE SENATE DISTRICT IN WHICH THE SEAT IS TO BE FILLED. 35 (C) IN A MUNICIPALITY OR COUNTY WITH A POPULATION BETWEEN TWENTY-FIVE 36 THOUSAND AND UP TO AND INCLUDING ONE HUNDRED FIFTY THOUSAND IN A PRIMA- 37 RY, GENERAL OR SPECIAL ELECTION. NOT LESS THAN TEN THOUSAND DOLLARS FROM 38 AT LEAST ONE HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO 39 TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW 40 YORK STATE INCLUDING AT LEAST FIVE THOUSAND DOLLARS FROM AT LEAST FIFTY 41 INDIVIDUALS WHO RESIDE IN THE ASSEMBLY DISTRICT IN WHICH THE SEAT IS TO 42 BE FILLED. 43 (D) IN A MUNICIPALITY OR COUNTY WITH A POPULATION LESS THAN 44 TWENTY-FIVE THOUSAND IN A PRIMARY, GENERAL OR SPECIAL ELECTION. NOT LESS 45 THAN FIVE THOUSAND DOLLARS FROM AT LEAST FIFTY INDIVIDUALS WHO RESIDE IN 46 THE COUNTY IN WHICH THE SEAT IS TO BE FILLED. 47 3. IN ORDER TO BE ELIGIBLE TO RECEIVE PUBLIC FUNDS IN A PRIMARY 48 ELECTION A CANDIDATE MUST AGREE, THAT IN THE EVENT SUCH CANDIDATE IS A 49 CANDIDATE FOR SUCH OFFICE IN THE GENERAL ELECTION IN SUCH YEAR, THAT 50 SUCH CANDIDATE WILL BE BOUND BY THE PROVISIONS OF THIS TITLE, INCLUDING, 51 BUT NOT LIMITED TO, THE PUBLIC FUNDS RECEIPT LIMITS OF THIS TITLE. 52 4. CANDIDATES WHO ARE CONTESTED IN A PRIMARY ELECTION AND WHO DO NOT 53 SEEK PUBLIC FUNDS SHALL NOT BE ELIGIBLE FOR PUBLIC FUNDS FOR THE GENERAL 54 ELECTION IN THAT YEAR. 55 5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL 56 NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS. A. 7123 5 1 6. NO CANDIDATE FOR ELECTION TO AN OFFICE IN A PRIMARY, GENERAL OR 2 SPECIAL ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING 3 SYSTEM SHALL BE DEEMED OPPOSED AND RECEIVE PUBLIC FUNDS UNLESS THERE IS 4 AT LEAST ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION AND SUCH 5 OTHER CANDIDATE RAISES AT LEAST TEN PERCENT OF THE PARTICIPATING CANDI- 6 DATE'S PRIMARY RECEIPT LIMIT. 7 S 14-304. QUALIFIED CAMPAIGN EXPENDITURES. 1. PUBLIC FUNDS PROVIDED 8 UNDER THE PROVISIONS OF THIS TITLE MAY ONLY BE USED FOR EXPENDITURES BY 9 THE PARTICIPATING COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDI- 10 TURES ON SUCH CANDIDATE'S BEHALF, TO FURTHER THE CANDIDATE'S NOMINATION 11 OR ELECTION AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR 12 GENERAL ELECTION IS HELD FOR THE OFFICE SOUGHT, FOR SERVICES, MATERIALS, 13 FACILITIES OR OTHER THINGS OF VALUE USED DURING THAT CAMPAIGN CYCLE OR, 14 IN THE CASE OF A SPECIAL ELECTION, FOR EXPENDITURES DURING THE PERIOD 15 COMMENCING THREE MONTHS BEFORE AND ENDING ONE MONTH AFTER SUCH SPECIAL 16 ELECTION. 17 2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR: 18 (A) AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR OF 19 THIS STATE; 20 (B) PAYMENTS OR ANYTHING OF VALUE GIVEN OR MADE TO THE CANDIDATE, A 21 RELATIVE OF THE CANDIDATE, OR TO A BUSINESS ENTITY IN WHICH ANY SUCH 22 PERSON HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF WHICH ANY 23 SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE; 24 (C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS, 25 FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE; 26 (D) ANY EXPENDITURE MADE AFTER THE PARTICIPATING CANDIDATE, OR THE 27 ONLY REMAINING OPPONENT OF SUCH CANDIDATE, HAS BEEN DISQUALIFIED OR HAD 28 SUCH CANDIDATE'S PETITIONS DECLARED INVALID BY A BOARD OF ELECTIONS OR A 29 COURT OF COMPETENT JURISDICTION UNTIL AND UNLESS SUCH FINDING IS 30 REVERSED BY A HIGHER AUTHORITY. 31 (E) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF 32 DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE, 33 AUTHORIZATION, DECLINATION OR SUBSTITUTION; 34 (F) EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR ENTERTAINMENT; 35 AND 36 (G) GIFTS. 37 S 14-306. OPTIONAL PUBLIC FINANCING. 1. PARTICIPATING CANDIDATES FOR 38 NOMINATION OR ELECTION IN PRIMARY, GENERAL AND SPECIAL ELECTIONS MAY 39 OBTAIN PAYMENT TO A PARTICIPATING COMMITTEE FROM PUBLIC FUNDS FOR QUALI- 40 FIED CAMPAIGN EXPENDITURES. NO SUCH PUBLIC FUNDS SHALL BE PAID TO A 41 PARTICIPATING COMMITTEE UNTIL THE CANDIDATE HAS QUALIFIED TO APPEAR ON 42 THE BALLOT AND FILED A SWORN STATEMENT WITH THE CAMPAIGN FINANCE BOARD 43 ELECTING TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM AND 44 AGREEING TO ABIDE BY THE REQUIREMENTS OF THIS TITLE. PAYMENTS SHALL NOT 45 EXCEED THE AMOUNTS SPECIFIED IN THIS TITLE, AND SHALL BE MADE ONLY IN 46 ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENTS MAY ONLY BE 47 MADE TO A PARTICIPATING CANDIDATE'S PARTICIPATING COMMITTEE. NO PUBLIC 48 FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT OR PAYMENT FOR QUALIFIED 49 CAMPAIGN EXPENDITURES ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS 50 USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES. 51 2. THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDIDATE SHALL 52 BE ENTITLED TO SIX DOLLARS IN PUBLIC FUNDS FOR EACH ONE DOLLAR OF MATCH- 53 ABLE CONTRIBUTIONS OBTAINED AND REPORTED TO THE CAMPAIGN FINANCE BOARD 54 IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, PROVIDED, HOWEVER, SUCH 55 PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES. A. 7123 6 1 3. (A) NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS 2 UNOPPOSED IN A PRIMARY ELECTION SHALL BE ENTITLED TO PAYMENT FROM THE 3 FUND FOR QUALIFIED CAMPAIGN EXPENDITURES. 4 (B) WHERE THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF AT 5 LEAST ONE OTHER PARTY FOR SUCH OFFICE, THE PARTICIPATING COMMITTEE OF AN 6 UNOPPOSED PARTICIPATING CANDIDATE FOR NOMINATION MAY RAISE AND SPEND AN 7 AMOUNT EQUAL TO ONE-HALF THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE, 8 AS FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC 9 FUNDS, WITH CONTRIBUTIONS OF UP TO TWO THOUSAND DOLLARS PER CONTRIBUTOR. 10 SUCH PAYMENT CAN ONLY BE EXPENDED FOR PROPERTY, SERVICES OR FACILITIES 11 USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION. 12 4. THE CAMPAIGN FINANCE BOARD SHALL PROMPTLY EXAMINE ALL REPORTS OF 13 CONTRIBUTIONS TO DETERMINE WHETHER, ON THEIR FACE, THEY MEET THE 14 REQUIREMENTS FOR MATCHABLE CONTRIBUTIONS, AND SHALL KEEP A RECORD OF 15 SUCH CONTRIBUTIONS. 16 5. THE CAMPAIGN FINANCE BOARD SHALL PROMULGATE REGULATIONS FOR THE 17 CERTIFICATION OF THE AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM 18 THE FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-GG OF THE STATE 19 FINANCE LAW, TO A PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE 20 SUCH PAYMENT. THESE REGULATIONS SHALL INCLUDE THE PROMULGATION AND 21 DISTRIBUTION OF FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE 22 REPORTED, THE PERIODS DURING WHICH SUCH REPORTS MUST BE FILED AND THE 23 VERIFICATION REQUIRED. THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL 24 MAKE POSSIBLE PAYMENT BY THE FUND WITHIN TWO BUSINESS DAYS AFTER RECEIPT 25 OF THE REQUIRED FORMS AND VERIFICATIONS. 26 S 14-308. CONTRIBUTION AND RECEIPT LIMITATIONS. 1. IN ANY PRIMARY, 27 SPECIAL OR GENERAL ELECTION FOR ANY MUNICIPAL OFFICE NO CONTRIBUTOR MAY 28 MAKE A CONTRIBUTION TO ANY PARTICIPATING CANDIDATE OR SUCH PARTICIPATING 29 CANDIDATE'S COMMITTEE, AND NO PARTICIPATING CANDIDATE OR PARTICIPATING 30 COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE 31 AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS. 32 2. (A) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE 33 AS FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC 34 FUNDS, A PARTICIPATING CANDIDATE FOR MUNICIPAL OFFICE IN A MUNICIPALITY 35 OR COUNTY WITH A POPULATION BETWEEN TWO HUNDRED FIFTY THOUSAND AND UP TO 36 AND INCLUDING TWO MILLION IN A PRIMARY OR GENERAL ELECTION OR SUCH 37 CANDIDATE'S PARTICIPATING COMMITTEE MAY ACCEPT FROM ITS LOCAL COMMITTEE 38 WHICH HAS NOMINATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE 39 AGGREGATE, DOES NOT EXCEED ONE MILLION DOLLARS; PROVIDED, HOWEVER, THAT 40 TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A 41 TRANSFER. 42 (B) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS 43 FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC 44 FUNDS, A PARTICIPATING CANDIDATE FOR MUNICIPAL OFFICE IN A MUNICIPALITY 45 OR COUNTY WITH A POPULATION BETWEEN ONE HUNDRED FIFTY THOUSAND AND UP TO 46 AND INCLUDING TWO HUNDRED FIFTY THOUSAND IN A PRIMARY, GENERAL OR 47 SPECIAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE MAY ACCEPT 48 FROM ITS LOCAL COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE SERVICES IN 49 AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT EXCEED ONE HUNDRED THOUSAND 50 DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY 51 BE ACCEPTED IN THE FORM OF A TRANSFER. 52 (C) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS 53 FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC 54 FUNDS, A PARTICIPATING CANDIDATE FOR MUNICIPAL OFFICE IN A MUNICIPALITY 55 OR COUNTY WITH A POPULATION BETWEEN TWENTY-FIVE THOUSAND AND UP TO AND 56 INCLUDING ONE HUNDRED FIFTY THOUSAND IN A PRIMARY, GENERAL OR SPECIAL A. 7123 7 1 ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE MAY ACCEPT FROM A 2 LOCAL PARTY COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE SERVICES IN AN 3 AMOUNT WHICH, IN THE AGGREGATE, DOES NOT EXCEED FIFTY THOUSAND DOLLARS; 4 PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE 5 ACCEPTED IN THE FORM OF A TRANSFER. 6 (D) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS 7 FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC 8 FUNDS, A PARTICIPATING CANDIDATE FOR MUNICIPAL OFFICE IN A MUNICIPALITY 9 OR COUNTY WITH A POPULATION OF TWENTY-FIVE THOUSAND OR LESS IN A PRIMA- 10 RY, SPECIAL OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING 11 COMMITTEE MAY ACCEPT FROM ITS LOCAL COMMITTEE WHICH HAS NOMINATED SUCH 12 CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT EXCEED 13 TEN THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT OF 14 SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER. 15 (E) FOR PURPOSES OF THIS SUBDIVISION, THE TERM LOCAL PARTY COMMITTEE 16 INCLUDES ANY OF ITS SUBCOMMITTEES. 17 3. IN COMPUTING THE AGGREGATE AMOUNT EXPENDED FOR PURPOSES OF THIS 18 SECTION, EXPENDITURES MADE BY A COUNTY COMMITTEE IN SUPPORT OF MORE THAN 19 ONE CANDIDATE SHALL BE ALLOCATED AMONG SUCH CANDIDATES SUPPORTED BY THE 20 COMMITTEE IN ACCORDANCE WITH FORMULAS PROMULGATED BY THE CAMPAIGN 21 FINANCE BOARD OR, IN THE ABSENCE OF SUCH OFFICIAL FORMULAS, IN ACCORD- 22 ANCE WITH A FORMULA BASED UPON REASONABLE STANDARDS. THE STATEMENTS 23 FILED BY SUCH CONSTITUTED COMMITTEE IN ACCORDANCE WITH THIS CHAPTER 24 SHALL SET FORTH, IN ADDITION TO THE OTHER INFORMATION REQUIRED, THE 25 TOTAL AMOUNT EXPENDED BY THE PARTY COMMITTEE ON BEHALF OF ALL SUCH 26 CANDIDATES AND THE AMOUNT ALLOCATED TO EACH CANDIDATE BY DOLLAR AMOUNT 27 AND PERCENTAGE. EXPENDITURES BY A PARTY FOR ACTIVITIES WHICH DO NOT 28 SUPPORT OR OPPOSE THE ELECTION OF ANY CANDIDATE OR CANDIDATES BY NAME OR 29 BY CLEAR INFERENCE SHALL NOT BE REGARDED AS EXPENDITURES ON BEHALF OF OR 30 IN OPPOSITION TO A CANDIDATE. 31 4. A PARTICIPATING CANDIDATE FOR A PUBLIC OFFICE FOR WHICH PUBLIC 32 FUNDS ARE AVAILABLE PURSUANT TO THIS TITLE SHALL NOT ACCEPT ANY CONTRIB- 33 UTIONS ANY EARLIER THAN ONE DAY AFTER THE PREVIOUS GENERAL ELECTION FOR 34 THE OFFICE WHICH SUCH CANDIDATE IS SEEKING, OR ANY LATER THAN THE DAY OF 35 THE GENERAL ELECTION FOR THE OFFICE SOUGHT, EXCEPT THAT A PARTICIPATING 36 CANDIDATE OR PARTICIPATING COMMITTEE WHICH HAS A DEFICIT ON THE DAY OF 37 THE GENERAL ELECTION MAY, AFTER SUCH DATE, ACCEPT CONTRIBUTIONS WHICH DO 38 NOT EXCEED THE AMOUNT OF SUCH DEFICIT AND THE EXPENSES INCURRED IN RAIS- 39 ING SUCH CONTRIBUTIONS OR THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED 40 BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS. 41 CONTRIBUTIONS TO A PARTICIPATING CANDIDATE OR PARTICIPATING COMMITTEE 42 WHICH WERE RECEIVED BEFORE THE EFFECTIVE DATE OF THIS TITLE MAY NOT BE 43 EXPENDED IN ANY ELECTION FOR ANY SUCH OFFICE. 44 5. EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS SECTION, 45 PARTICIPATING CANDIDATES SHALL BE SUBJECT TO THE PROVISIONS OF THIS 46 ARTICLE. 47 S 14-310. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS. THE FOLLOWING 48 LIMITATIONS APPLY TO THE RECEIPT OF PUBLIC FUNDS BY PARTICIPATING CANDI- 49 DATES AND THEIR PARTICIPATING COMMITTEES RECEIVING SUCH PUBLIC FUNDS 50 PURSUANT TO THE PROVISIONS OF THIS TITLE: 51 1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING 52 CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED: 53 (A) FOR CANDIDATES FOR OFFICE IN A MUNICIPALITY OR COUNTY WITH A POPU- 54 LATION BETWEEN TWO HUNDRED FIFTY THOUSAND AND UP TO AND INCLUDING TWO 55 MILLION, THE SUM OF SIX MILLION DOLLARS; A. 7123 8 1 (B) FOR CANDIDATES FOR OFFICE IN A MUNICIPALITY OR COUNTY WITH A POPU- 2 LATION BETWEEN ONE HUNDRED FIFTY THOUSAND AND UP TO AND INCLUDING TWO 3 HUNDRED FIFTY THOUSAND, THE SUM OF THREE HUNDRED FIFTY THOUSAND DOLLARS; 4 (C) FOR CANDIDATES FOR OFFICE IN A MUNICIPALITY OR COUNTY WITH A POPU- 5 LATION BETWEEN TWENTY-FIVE THOUSAND AND UP TO AND INCLUDING ONE HUNDRED 6 FIFTY THOUSAND, THE SUM OF ONE HUNDRED FIFTY THOUSAND DOLLARS. 7 (D) FOR CANDIDATES FOR OFFICE IN A MUNICIPALITY OR COUNTY WITH A POPU- 8 LATION OF TWENTY-FIVE THOUSAND OR LESS, THE SUM OF SEVENTY-FIVE THOUSAND 9 DOLLARS. 10 2. IN ANY GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY 11 PARTICIPATING CANDIDATES FOR THE FOLLOWING OFFICES AND BY THEIR PARTIC- 12 IPATING COMMITTEES SHALL NOT EXCEED THE FOLLOWING AMOUNTS: 13 CANDIDATES FOR ELECTION TO OFFICE IN: 14 A MUNICIPALITY OR COUNTY WITH A POPULATION BETWEEN TWO HUNDRED FIFTY 15 THOUSAND AND UP TO AND INCLUDING TWO MILLION $8,000,000 16 A MUNICIPALITY OR COUNTY WITH A POPULATION BETWEEN ONE HUNDRED FIFTY 17 THOUSAND AND UP TO AND INCLUDING TWO HUNDRED FIFTY THOUSAND $350,000 18 A MUNICIPALITY OR COUNTY WITH A POPULATION BETWEEN TWENTY-FIVE THOU- 19 SAND AND UP TO AND INCLUDING ONE HUNDRED FIFTY THOUSAND $150,000 20 A MUNICIPALITY OR COUNTY WITH A POPULATION OF TWENTY-FIVE THOUSAND OR 21 LESS $75,000 22 3. PARTICIPATING CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMA- 23 RY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE PRIMARY ELECTION, FOR 24 SERVICES, MATERIALS OR FACILITIES USED ON OR BEFORE THE DATE OF SUCH 25 PRIMARY ELECTION, AN AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES WOULD 26 BE ENTITLED TO RECEIVE IF THEIR NOMINATION WAS CONTESTED IN SUCH PRIMARY 27 ELECTION PROVIDED THERE IS A PRIMARY CONTEST FOR THE NOMINATION OF AT 28 LEAST ONE OTHER PARTY FOR SUCH OFFICE. 29 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AMOUNT OF 30 PRIVATE FUNDS A PARTICIPATING CANDIDATE MAY RECEIVE SUBJECT TO THE 31 CONTRIBUTION LIMITS CONTAINED IN SECTION 14-308 OF THIS TITLE. 32 S 14-312. CAMPAIGN FINANCE BOARD. 1. THE CAMPAIGN FINANCE BOARD SHALL 33 ADMINISTER THE LOCAL CAMPAIGN FINANCE FUND IN ACCORDANCE WITH THE 34 PROVISIONS OF THIS TITLE AND SECTION NINETY-TWO-GG OF THE STATE FINANCE 35 LAW. 36 2. IN ADDITION TO THE ENFORCEMENT POWERS, AND ANY OTHER POWERS AND 37 DUTIES SPECIFIED BY LAW, THE CAMPAIGN FINANCE BOARD SHALL: 38 (A)(I) RENDER ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING 39 UNDER THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF 40 A POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI- 41 ATIVE; (II) PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND TO 42 SUCH REQUESTS; AND (III) MAKE PUBLIC THE QUESTIONS OF INTERPRETATION FOR 43 WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE CAMPAIGN FINANCE BOARD 44 AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBSITE; 45 (B) DEVELOP A PROGRAM FOR INFORMING AND TRAINING CANDIDATES AND THE 46 PUBLIC AS TO THE PURPOSE AND EFFECT OF THE PROVISIONS OF THIS TITLE, 47 INCLUDING BY MEANS OF A WEBSITE; 48 (C) HAVE THE AUTHORITY TO PROMULGATE SUCH RULES AND REGULATIONS AND 49 PRESCRIBE SUCH FORMS AS THE CAMPAIGN FINANCE BOARD DEEMS NECESSARY FOR 50 THE ADMINISTRATION OF THIS TITLE; AND 51 (D) IN CONJUNCTION WITH THE STATE BOARD OF ELECTIONS DEVELOP AN INTER- 52 ACTIVE, SEARCHABLE COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION 53 NECESSARY FOR THE PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMA- 54 TION ON CONTRIBUTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR 55 AUTHORIZED COMMITTEES AND DISTRIBUTIONS OF MONEYS FROM THE FUND AND A. 7123 9 1 SHALL BE ACCESSIBLE TO THE PUBLIC ON THE STATE BOARD OF ELECTIONS' 2 WEBSITE. 3 3. THE CAMPAIGN FINANCE BOARD MAY TAKE SUCH OTHER ACTIONS AS ARE 4 NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS TITLE. 5 S 14-314. EXAMINATIONS AND AUDITS. 1. THE CAMPAIGN FINANCE BOARD SHALL 6 CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE CONTRIBUTIONS AND QUALI- 7 FIED CAMPAIGN EXPENSES OF THE PARTICIPATING COMMITTEE OF EVERY PARTIC- 8 IPATING CANDIDATE WHO RECEIVED PAYMENTS PURSUANT TO SECTION 14-306 OF 9 THIS TITLE. SUCH AUDITS SHALL BE CONDUCTED AS FREQUENTLY AS THE 10 CAMPAIGN FINANCE BOARD DEEMS NECESSARY TO ENSURE COMPLIANCE WITH THIS 11 TITLE. EVERY CANDIDATE WHO RECEIVES PUBLIC MATCHING FUNDS UNDER THIS 12 TITLE SHALL ALSO BE AUDITED BY THE CAMPAIGN FINANCE BOARD POST-ELECTION. 13 THE COST OF COMPLYING WITH A POST-ELECTION AUDIT SHALL BE BORNE BY THE 14 CANDIDATE'S AUTHORIZED COMMITTEE. A CANDIDATE WHO HAS RECEIVED PUBLIC 15 MATCHING FUNDS UNDER THIS TITLE MUST MAINTAIN A RESERVE OF AT LEAST ONE 16 PERCENT OF THE TOTAL AMOUNT OF MATCHING FUNDS RECEIVED BY SUCH CANDIDATE 17 IN HIS OR HER CAMPAIGN ACCOUNT TO COMPLY WITH THE POST-ELECTION AUDIT. A 18 CANDIDATE WHO RUNS IN BOTH A PRIMARY AND A GENERAL ELECTION, MUST MAIN- 19 TAIN A RESERVE OF ONE PERCENT OF THE TOTAL AMOUNT OF PUBLIC MATCHING 20 FUNDS RECEIVED BY SUCH CANDIDATE FOR BOTH HIS OR HER PRIMARY AND GENERAL 21 ELECTION. A CANDIDATE MAY USE PUBLIC MATCHING FUNDS, PRIVATE FUNDS OR A 22 COMBINATION OF PUBLIC AND PRIVATE FUNDS TO COMPLY WITH A POST-ELECTION 23 AUDIT. THE CAMPAIGN FINANCE BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED 24 THE FINAL POST-ELECTION AUDIT REPORT THAT DETAILS ITS FINDINGS AND SHALL 25 PROVIDE SUCH AUDIT TO THE GOVERNOR AND LEGISLATIVE LEADERS AND MAKE SUCH 26 AUDIT REPORT AVAILABLE ON THE STATE BOARD OF ELECTIONS' WEBSITE. 27 2. (A) IF THE CAMPAIGN FINANCE BOARD DETERMINES THAT ANY PORTION OF 28 THE PAYMENT MADE TO A PARTICIPATING COMMITTEE FROM THE FUND WAS IN 29 EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS TO WHICH SUCH ELIGIBLE CANDI- 30 DATE WAS ENTITLED PURSUANT TO SECTION 14-306 OF THIS TITLE, IT SHALL 31 NOTIFY SUCH COMMITTEE OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL PAY 32 TO THE CAMPAIGN FINANCE BOARD AN AMOUNT EQUAL TO THE AMOUNT OF EXCESS 33 PAYMENTS; PROVIDED, HOWEVER, THAT IF THE ERRONEOUS PAYMENT WAS DUE TO AN 34 ERROR MADE BY THE CAMPAIGN FINANCE BOARD, THEN THE ERRONEOUS PAYMENT 35 WILL BE OFFSET AGAINST ANY FUTURE PAYMENT, IF ANY. THE PARTICIPATING 36 CANDIDATE AND HIS OR HER PARTICIPATING COMMITTEE SHALL BE JOINTLY AND 37 SEVERALLY LIABLE FOR ANY REPAYMENTS DUE TO THE CAMPAIGN FINANCE BOARD 38 FOR DEPOSIT BY SUCH BOARD INTO THE NEW YORK STATE CAMPAIGN FUND. 39 (B) IF THE BOARD DETERMINES THAT ANY AMOUNT OF PAYMENT MADE TO A 40 PARTICIPATING COMMITTEE FROM THE FUND WAS USED FOR PURPOSES OTHER THAN 41 TO DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY SUCH PARTICIPAT- 42 ING COMMITTEE OF THE AMOUNT DISQUALIFIED AND SUCH PARTICIPATING COMMIT- 43 TEE SHALL PAY TO THE CAMPAIGN FINANCE BOARD AN AMOUNT EQUAL TO SUCH 44 DISQUALIFIED AMOUNT. SUCH MONIES SHALL BE DEPOSITED INTO THE LOCAL 45 CAMPAIGN FINANCE FUND CREATED PURSUANT TO SECTION NINETY-TWO-GG OF THE 46 STATE FINANCE LAW. THE CANDIDATE AND THE CANDIDATE'S AUTHORIZED COMMIT- 47 TEE SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY REPAYMENTS DUE TO THE 48 CAMPAIGN FINANCE BOARD. 49 (C) IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND RECEIVED 50 BY ANY PARTICIPATING CANDIDATE AND SUCH CANDIDATE'S PARTICIPATING 51 COMMITTEE, EXCEEDS THE PUBLIC FUNDING RECEIPT LIMITATION OF SUCH CANDI- 52 DATE AND COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS 53 FUNDS TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM 54 THE FUND NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES HAVE 55 BEEN PAID AND IN ANY EVENT, NOT LATER THAN TWENTY DAYS AFTER THE DATE ON 56 WHICH THE CAMPAIGN FINANCE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE A. 7123 10 1 PARTICIPATING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT 2 MATCHING FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE 3 AND PAYABLE TO THE CAMPAIGN FINANCE BOARD FOR DEPOSIT INTO THE LOCAL 4 CAMPAIGN FINANCE FUND UPON ITS DETERMINATION THAT THE PARTICIPANT WILL- 5 FULLY DELAYED THE POST-ELECTION AUDIT PROCESS. A PARTICIPATING CANDIDATE 6 MAY MAKE POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIVITIES INVOLV- 7 ING NOMINAL COSTS ASSOCIATED WITH ENDING A CAMPAIGN AND RESPONDING TO 8 THE POST-ELECTION AUDIT. 9 3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE 10 PARTICIPATING COMMITTEE HAS RECEIVED PUBLIC FUNDS ON THE GROUNDS THAT 11 SUCH CANDIDATE COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A PLACE ON 12 THE BALLOT AND SUCH DECISION IS NOT REVERSED BY A HIGHER COURT, SUCH 13 CANDIDATE AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE SHALL PAY TO THE 14 CAMPAIGN FINANCE BOARD AN AMOUNT EQUAL TO THE TOTAL OF PUBLIC FUNDS 15 RECEIVED BY SUCH PARTICIPATING COMMITTEE. 16 4. THE BOARD MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS DUE FROM A 17 PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE TO THE BOARD AND 18 PROVIDE AN OPPORTUNITY FOR THE CANDIDATE OR COMMITTEE TO REBUT, IN WHOLE 19 OR IN PART, THE ALLEGED AMOUNT DUE. UPON A FINAL WRITTEN DETERMINATION 20 BY THE BOARD, THE AMOUNT DUE SHALL BE PAID TO THE BOARD WITHIN THIRTY 21 DAYS OF SUCH DETERMINATION. 22 5. ALL PAYMENTS RECEIVED BY THE BOARD PURSUANT TO THIS SECTION SHALL 23 BE DEPOSITED IN THE LOCAL CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION 24 NINETY-TWO-GG OF THE STATE FINANCE LAW. 25 S 14-316. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO 26 KNOWINGLY AND WILFULLY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS 27 OF THIS TITLE SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE 28 AMOUNT OF FIVE THOUSAND DOLLARS. 29 2. ANY PERSON OR AUTHORIZED COMMITTEE WHO KNOWINGLY AND INTENTIONALLY 30 VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE- 31 UNDER SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE AMOUNT OF 32 TEN THOUSAND DOLLARS. 33 3. FINES AUTHORIZED UNDER THIS SECTION WILL BE IMPOSED BY THE CAMPAIGN 34 FINANCE BOARD AFTER A HEARING AT WHICH THE SUBJECT PERSON OR AUTHORIZED 35 COMMITTEE SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. SUCH HEARING SHALL 36 BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED BY THE 37 RULES OF THE CAMPAIGN FINANCE BOARD. FOR PURPOSES OF CONDUCTING SUCH 38 HEARINGS, THE CAMPAIGN FINANCE BOARD SHALL BE DEEMED TO BE AN AGENCY 39 WITHIN THE MEANING OF ARTICLE THREE OF THE STATE ADMINISTRATIVE PROCE- 40 DURE ACT AND SHALL ADOPT RULES GOVERNING THE CONDUCT OF ADJUDICATORY 41 PROCEEDINGS AND APPEALS TAKEN PURSUANT TO A PROCEEDING COMMENCED UNDER 42 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES RELATING TO 43 THE ASSESSMENT OF THE CIVIL PENALTIES HEREIN AUTHORIZED. 44 4. THE CAMPAIGN FINANCE BOARD SHALL PUBLISH ON THE STATE BOARD OF 45 ELECTIONS' WEBSITE THE FINAL ORDER ADJUDICATING ANY MATTER BROUGHT 46 PURSUANT TO THIS SECTION. 47 5. ALL PAYMENTS RECEIVED BY THE CAMPAIGN FINANCE BOARD PURSUANT TO 48 THIS SECTION SHALL BE DEPOSITED IN THE LOCAL CAMPAIGN FINANCE FUND 49 ESTABLISHED BY SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW. 50 S 14-318. CRIMINAL PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFUL- 51 LY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS OF THIS TITLE WITH- 52 IN TEN DAYS AFTER THE DATE PROVIDED FOR SUCH, OR ANYONE THAT KNOWINGLY 53 AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE SHALL BE GUILTY 54 OF A MISDEMEANOR AND, IN ADDITION TO SUCH OTHER PENALTIES AS MAY BE 55 PROVIDED BY LAW, SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT OF 56 TEN THOUSAND DOLLARS. A. 7123 11 1 2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS 2 OR PARTICIPATES IN THE CONTRIBUTION OR ACCEPTANCE OF A CONTRIBUTION IN 3 AN AMOUNT EXCEEDING AN APPLICABLE MAXIMUM SPECIFIED IN THIS ARTICLE 4 SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE NOT TO 5 EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS. 6 3. ANY PERSON WHO KNOWINGLY AND WILLFULLY MAKES A FALSE STATEMENT OR 7 KNOWINGLY OMITS A MATERIAL FACT TO THE CAMPAIGN FINANCE BOARD OR AN 8 AUDITOR DESIGNATED BY THE CAMPAIGN FINANCE BOARD DURING ANY AUDIT 9 CONDUCTED PURSUANT TO SECTION 14-314 OF THIS TITLE SHALL BE GUILTY OF A 10 CLASS E FELONY. 11 4. IN ADDITION TO ANY OTHER SENTENCE LAWFULLY IMPOSED UPON A FINDING 12 OF GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE PROVISIONS 13 OF THIS SECTION, THE COURT MAY ORDER A DEFENDANT TO REPAY TO THE 14 CAMPAIGN FINANCE BOARD ANY PUBLIC MATCHING FUNDS OBTAINED AS A RESULT OF 15 ANY CRIMINAL CONDUCT. 16 5. ALL SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS TITLE SHALL BE 17 PROSECUTED BY THE ATTORNEY GENERAL OF THE STATE OF NEW YORK. 18 6. ANY AND ALL FINES IMPOSED PURSUANT TO THIS SECTION SHALL BE MADE 19 PAYABLE TO THE CAMPAIGN FINANCE BOARD FOR DEPOSIT INTO THE LOCAL 20 CAMPAIGN FINANCE FUND. 21 S 14-320. REPORTS. THE CAMPAIGN FINANCE BOARD SHALL SUBMIT A REPORT TO 22 THE GOVERNOR AND LEGISLATIVE LEADERS ON OR BEFORE FEBRUARY FIRST, TWO 23 THOUSAND SIXTEEN, AND EVERY FOUR YEARS THEREAFTER, WHICH SHALL INCLUDE: 24 1. A LIST OF THE PARTICIPATING AND NONPARTICIPATING CANDIDATES IN 25 COVERED ELECTIONS AND THE VOTES RECEIVED BY EACH CANDIDATE IN THOSE 26 ELECTIONS; 27 2. THE AMOUNT OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES 28 MADE, ON BEHALF OF PARTICIPATING AND NONPARTICIPATING CANDIDATES; 29 3. THE AMOUNT OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE 30 RECEIVED, SPENT, AND REPAID PURSUANT TO THIS ARTICLE; 31 4. ANALYSIS OF THE EFFECT OF THIS TITLE ON THE ELECTION CAMPAIGNS FOR 32 ALL OFFICES COVERED UNDER SECTION 14-303 OF THIS TITLE, INCLUDING ITS 33 EFFECT ON THE SOURCES AND AMOUNTS OF PRIVATE FINANCING, THE LEVEL OF 34 CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF CANDIDATES, 35 THE CANDIDATES' ABILITIES TO CAMPAIGN EFFECTIVELY FOR PUBLIC OFFICE, AND 36 THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE; 37 5. RECOMMENDATIONS FOR CHANGES OR AMENDMENTS TO THIS TITLE, INCLUDING 38 CHARGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND LIMITS ON 39 TOTAL MATCHING FUNDS; AND 40 6. ANY OTHER INFORMATION THAT THE CAMPAIGN FINANCE BOARD DEEMS RELE- 41 VANT. 42 S 14-322. DEBATES. THE CAMPAIGN FINANCE BOARD SHALL PROMULGATE REGU- 43 LATIONS TO FACILITATE DEBATES AMONG PARTICIPATING CANDIDATES. PARTIC- 44 IPATING CANDIDATES ARE REQUIRED TO PARTICIPATE IN AT LEAST ONE DEBATE 45 BEFORE THE PRIMARY ELECTION AND IN AT LEAST ONE DEBATE BEFORE THE GENER- 46 AL ELECTION FOR WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE 47 PARTICIPATING CANDIDATE IS RUNNING UNOPPOSED. A NONPARTICIPATING CANDI- 48 DATE MAY BE A PARTY TO SUCH DEBATES. 49 S 14-324. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND. 1. THIS SECTION 50 GOVERNS THE CAMPAIGN FINANCE BOARD'S DISTRIBUTION OF FUNDS FROM THE 51 CAMPAIGN FINANCE FUND CREATED BY SECTION NINETY-TWO-GG OF THE STATE 52 FINANCE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE. 53 2. NO MONEYS SHALL BE PAID TO PARTICIPATING CANDIDATES IN A PRIMARY 54 ELECTION ANY EARLIER THAN TWO WEEKS AFTER THE LAST DAY TO FILE DESIGNAT- 55 ING PETITIONS FOR SUCH PRIMARY ELECTION. A. 7123 12 1 3. NO MONEYS SHALL BE PAID TO PARTICIPATING CANDIDATES IN A GENERAL 2 ELECTION ANY EARLIER THAN A WEEK AFTER THE PRIMARY ELECTION HELD TO 3 NOMINATE CANDIDATES FOR SUCH ELECTION. 4 4. NO MONEYS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO HAS BEEN 5 DISQUALIFIED BY THE CAMPAIGN FINANCE BOARD OR WHOSE DESIGNATING 6 PETITIONS HAVE BEEN DECLARED INVALID BY THE COUNTY BOARD OF ELECTIONS OR 7 A COURT OF COMPETENT JURISDICTION UNTIL AND UNLESS SUCH FINDING IS 8 REVERSED BY AN APPELLATE COURT. 9 5. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDIDATE OR 10 SUCH A CANDIDATE'S AUTHORIZED COMMITTEE ON THE DATE OF SUCH DISQUALI- 11 FICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY PURPOSE 12 EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE THAT DATE. ALL EXCESS 13 PUBLIC MONEYS PAID TO A DISQUALIFIED CANDIDATE SHALL BE RETURNED TO THE 14 FUND NOT LESS THAN THIRTY DAYS AFTER THE GENERAL ELECTION FOR THOSE 15 PARTICIPATING CANDIDATES WHO RECEIVED PUBLIC MONEYS FOR THE GENERAL 16 ELECTION, AND OTHERWISE, NOT LESS THAN THIRTY DAYS AFTER THE PRIMARY 17 ELECTION FOR THOSE PARTICIPATING CANDIDATES WHO RECEIVED PUBLIC MONEYS 18 SOLELY FOR THE PRIMARY ELECTION. 19 6. (A) PARTICIPATING CANDIDATES SHALL PAY TO THE CAMPAIGN FINANCE 20 BOARD UNSPENT PUBLIC CAMPAIGN FUNDS FROM AN ELECTION NOT LATER THAN 21 THIRTY DAYS AFTER ALL LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND, 22 IN ANY EVENT, NOT LESS THAN TWENTY DAYS AFTER THE DATE UPON WHICH THE 23 CAMPAIGN FINANCE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE PARTICIPAT- 24 ING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT PUBLIC 25 CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE 26 AND PAYABLE TO THE CAMPAIGN FINANCE BOARD UPON ITS DETERMINATION THAT 27 THE PARTICIPATING CANDIDATE HAS, WITHOUT JUST CAUSE, DELAYED THE POST-E- 28 LECTION AUDIT PROCESS. UNSPENT CAMPAIGN FUNDS DETERMINATIONS MADE BY THE 29 CAMPAIGN FINANCE BOARD SHALL BE BASED ON THE PARTICIPATING CANDIDATE 30 COMMITTEE'S RECEIPTS AND EXPENDITURES. THE CAMPAIGN FINANCE BOARD MAY 31 ALSO CONSIDER ANY OTHER RELEVANT INFORMATION REVEALED IN THE COURSE OF 32 ITS AUDITS OR INVESTIGATIONS OR THE INVESTIGATIONS BY ANY OTHER AGENCY. 33 (B)(I) A PARTICIPATING CANDIDATE MAY NOT USE RECEIPTS FOR ANY PURPOSE 34 OTHER THAN DISBURSEMENTS IN THE PRECEDING ELECTION UNTIL ALL UNSPENT 35 PUBLIC CAMPAIGN FUNDS HAVE BEEN REPAID. A PARTICIPATING CANDIDATE SHALL 36 HAVE THE BURDEN OF DEMONSTRATING THAT A POST-ELECTION EXPENDITURE IS FOR 37 THE PRECEDING ELECTION. 38 (II) BEFORE REPAYING UNSPENT PUBLIC CAMPAIGN FUNDS, A PARTICIPATING 39 CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV- 40 ITIES INVOLVING NOMINAL COSTS ASSOCIATED WITH WINDING UP A CAMPAIGN AND 41 RESPONDING TO THE POST-ELECTION AUDIT. SUCH EXPENDITURES MAY INCLUDE: 42 PAYMENT OF UTILITY BILLS AND RENT; REASONABLE STAFF SALARIES AND 43 CONSULTANT FEES FOR RESPONDING TO A POST-ELECTION AUDIT; REASONABLE 44 MOVING EXPENSES RELATED TO CLOSING A CAMPAIGN OFFICE; A HOLIDAY CARD 45 MAILING TO CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF MEMBERS; THANK 46 YOU NOTES FOR CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF MEMBERS; 47 PAYMENT OF TAXES AND OTHER REASONABLE EXPENSES FOR COMPLIANCE WITH 48 APPLICABLE TAX LAWS; AND INTEREST EXPENSES. ROUTINE POST-ELECTION 49 EXPENDITURES THAT MAY BE PAID FOR WITH UNSPENT CAMPAIGN FUNDS DO NOT 50 INCLUDE SUCH ITEMS AS POST-ELECTION MAILINGS OTHER THAN AS SPECIFICALLY 51 PROVIDED FOR IN THIS SUBPARAGRAPH; MAKING CONTRIBUTIONS; MAKING BONUS 52 PAYMENTS OR GIFTS TO STAFF MEMBERS OR VOLUNTEERS; OR HOLDING ANY POST-E- 53 LECTION DAY EVENT, INCLUDING, BUT NOT LIMITED TO, ANY MEAL OR ANY PARTY. 54 UNSPENT CAMPAIGN FUNDS MAY NOT BE USED FOR TRANSITION OR INAUGURATION 55 ACTIVITIES. A. 7123 13 1 7. ALL MONIES RECEIVED BY THE CAMPAIGN FINANCE BOARD PURSUANT TO THIS 2 SECTION SHALL BE DEPOSITED INTO THE LOCAL CAMPAIGN FINANCE FUND PURSUANT 3 TO SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW. 4 S 4. The election law is amended by adding a new section 16-105 to 5 read as follows: 6 S 16-105. PROCEEDINGS AS TO PUBLIC FINANCING. 1. THE DETERMINATION OF 7 ELIGIBILITY PURSUANT TO SECTION 14-303 OF THIS CHAPTER AND ANY QUESTION 8 OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU- 9 ANT TO SECTION 14-306 OF THIS CHAPTER MAY BE CONTESTED IN A PROCEEDING 10 INSTITUTED IN THE SUPREME COURT, ALBANY COUNTY OR THE COUNTY IN WHICH 11 THE COUNTY OR MUNICIPAL OFFICE IS LOCATED BY ANY AGGRIEVED CANDIDATE. 12 2. A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY OR 13 PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO SECTION 14-306 14 OF THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH DETER- 15 MINATION WAS MADE. THE CAMPAIGN FINANCE BOARD SHALL BE MADE A PARTY TO 16 ANY SUCH PROCEEDING. 17 3. UPON THE CAMPAIGN FINANCE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE 18 FROM A PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE AFTER THE 19 ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY SUBDIVI- 20 SION FOUR OF SECTION 14-314 OF THIS CHAPTER, SUCH BOARD IS AUTHORIZED TO 21 INSTITUTE A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY 22 COUNTY OR THE COUNTY IN WHICH THE COUNTY OR MUNICIPAL OFFICE IS LOCATED, 23 TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE 24 CAMPAIGN FINANCE BOARD AS A RESULT OF AN EXAMINATION AND AUDIT MADE 25 PURSUANT TO TITLE THREE OF ARTICLE FOURTEEN OF THIS CHAPTER. 26 4. THE CAMPAIGN FINANCE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL 27 PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY OR THE COUNTY 28 IN WHICH THE COUNTY OR MUNICIPAL OFFICE IS LOCATED, TO OBTAIN A JUDGMENT 29 FOR CIVIL PENALTIES DETERMINED TO BE PAYABLE TO THE CAMPAIGN FINANCE 30 BOARD PURSUANT TO SECTION 14-314 OF THIS CHAPTER. 31 S 5. The election law is amended by adding a new section 4-121 to read 32 as follows: 33 S 4-121. NOTICE TO THE STATE BOARD OF ELECTIONS OF CANDIDATES FOR 34 COUNTY OR MUNICIPAL OFFICE. 1. EACH COUNTY BOARD OF ELECTIONS WITH WHICH 35 PETITIONS ARE FILED FOR A COUNTY OR MUNICIPAL OFFICE SHALL, NOT LATER 36 THAN THE DAY AFTER THE LAST DAY TO FILE A PETITION OR CERTIFICATE OF 37 NOMINATION FOR A GENERAL OR SPECIAL ELECTION OR A CERTIFICATE OF ACCEPT- 38 ANCE, DECLINATION OR SUBSTITUTION FOR GENERAL, PRIMARY OR SPECIAL 39 ELECTION FOR ANY SUCH OFFICE, SEND TO THE STATE BOARD OF ELECTIONS SUCH 40 INFORMATION ABOUT EACH SUCH PETITION OR CERTIFICATE AS THE STATE BOARD 41 SHALL REQUIRE. 42 2. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHOULD DISQUALIFY ANY SUCH 43 CANDIDATE OR RULE THE PETITION OR CERTIFICATE DESIGNATING OR NOMINATING 44 ANY SUCH CANDIDATE INVALID, IT SHALL FORTHWITH NOTIFY THE STATE BOARD OF 45 ELECTIONS OF SUCH DECISION. 46 3. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHALL BE NOTIFIED OF A DECI- 47 SION OF A COURT OF COMPETENT JURISDICTION DISQUALIFYING ANY SUCH CANDI- 48 DATE OR DECLARING ANY SUCH PETITION INVALID OR REVERSING ANY SUCH DECI- 49 SION BY SUCH BOARD OF ELECTIONS OR ANOTHER COURT, SUCH BOARD OF 50 ELECTIONS SHALL FORTHWITH NOTIFY THE STATE BOARD OF ELECTIONS OF SUCH 51 DECISION. 52 4. THE STATE BOARD OF ELECTIONS MAY PRESCRIBE FORMS FOR THE NOTICES 53 REQUIRED BY THIS SECTION AND SHALL PRESCRIBE THE MANNER IN WHICH SUCH 54 NOTICES SHALL BE GIVEN. 55 S 6. The state finance law is amended by adding a new section 92-gg to 56 read as follows: A. 7123 14 1 S 92-GG. LOCAL CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY ESTABLISHED 2 IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL 3 FUND TO BE KNOWN AS THE LOCAL CAMPAIGN FINANCE FUND. 4 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM CAMPAIGN 5 FINANCE FUND CHECK-OFF PURSUANT TO SECTION SIX HUNDRED THIRTY-D OF THE 6 TAX LAW AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY 7 OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION 8 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS, BEQUESTS OR VOLUN- 9 TARY CONTRIBUTIONS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS 10 SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW. MONIES IN 11 THE FUND SHALL BE KEPT SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS 12 HELD IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE. 13 3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE GOVERNING BODY 14 OF THE COUNTY OR MUNICIPALITY IN WHICH THE OFFICE OF THE PARTICIPATING 15 CANDIDATE IS LOCATED, MAY BE EXPENDED FOR THE PURPOSES OF MAKING 16 PAYMENTS TO CANDIDATES PURSUANT TO TITLE THREE OF ARTICLE FOURTEEN OF 17 THE ELECTION LAW. MONEYS SHALL BE PAID OUT OF THE FUND BY THE COMMIS- 18 SIONER OF TAXATION AND FINANCE ON VOUCHERS CERTIFIED OR APPROVED BY THE 19 CAMPAIGN FINANCE BOARD ESTABLISHED PURSUANT TO TITLE THREE OF ARTICLE 20 FOURTEEN OF THE ELECTION LAW, OR THE DULY DESIGNATED REPRESENTATIVE OF 21 SUCH BOARD, IN THE MANNER PRESCRIBED BY LAW, NOT MORE THAN ONE WORKING 22 DAY AFTER A VOUCHER DULY CERTIFIED, APPROVED AND EXECUTED BY SUCH BOARD 23 OR ITS REPRESENTATIVE IN THE FORM PRESCRIBED BY THE COMMISSIONER OF 24 TAXATION AND FINANCE IS RECEIVED BY THE COMMISSIONER OF TAXATION AND 25 FINANCE. 26 4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF, IN ANY 27 STATE FISCAL YEAR, THE LOCAL CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF 28 MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED 29 OR APPROVED BY THE CAMPAIGN FINANCE BOARD, ANY SUCH DEFICIENCY SHALL BE 30 PAID, UPON AUDIT AND WARRANT OF THE STATE COMPTROLLER, FROM FUNDS OF THE 31 LOCAL MUNICIPALITY IN WHICH THE OFFICE OF THE PARTICIPATING CANDIDATE IS 32 LOCATED NOT MORE THAN ONE WORKING DAY AFTER SUCH VOUCHER IS RECEIVED BY 33 THE STATE COMPTROLLER. 34 5. COMMENCING IN TWO THOUSAND SIXTEEN, IF THE SURPLUS IN THE FUND ON 35 APRIL FIRST OF THE YEAR AFTER AN ELECTION CYCLE EXCEEDS TWENTY-FIVE 36 PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE PREVIOUS FOUR YEARS, 37 THE EXCESS SHALL REVERT TO THE LOCAL MUNICIPALITY FOR WHICH THE SURPLUS 38 FUNDS EXIST. 39 6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A 40 PRIMARY ELECTION ANY EARLIER THAN THE DAY THAT SUCH CANDIDATE IS CERTI- 41 FIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION. 42 7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A 43 GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY 44 ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION. 45 8. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO 46 HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED 47 INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT 48 JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER 49 AUTHORITY. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDI- 50 DATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF SUCH 51 DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY 52 PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL 53 SUCH MONEYS SHALL BE REPAID TO THE FUND. 54 S 7. The tax law is amended by adding a new section 630-d to read as 55 follows: A. 7123 15 1 S 630-D. CONTRIBUTION TO LOCAL CAMPAIGN FINANCE FUND. EFFECTIVE FOR 2 ANY TAXABLE YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND 3 THIRTEEN, AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO 4 THE LOCAL CAMPAIGN FINANCE FUND. SUCH CONTRIBUTION SHALL BE IN THE 5 AMOUNT OF FIVE DOLLARS AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED 6 BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL 7 INCOME TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. 8 NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL REVENUES COLLECTED PURSU- 9 ANT TO THIS SECTION SHALL BE CREDITED TO THE LOCAL CAMPAIGN FINANCE FUND 10 AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-TWO-GG OF 11 THE STATE FINANCE LAW. 12 S 8. Severability. If any clause, sentence, subdivision, paragraph, 13 section or part of title III of article 14 of the election law, as added 14 by section three of this act be adjudged by any court of competent 15 jurisdiction to be invalid, such judgment shall not affect, impair or 16 invalidate the remainder thereof, but shall be confined in its operation 17 to the clause, sentence, subdivision, paragraph, section or part thereof 18 directly involved in the controversy in which such judgment shall have 19 been rendered. 20 S 9. This act shall take effect on the same date as the 2013 Fair 21 Elections Act, as proposed in legislative bills numbers S. 4705 and A. 22 4980-B takes effect; provided, however, candidates will be eligible to 23 participate in the public financing system beginning with the 2014 24 election.