S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4116
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 31, 2013
                                      ___________
       Introduced  by  M.  of A. ORTIZ, BRENNAN, ENGLEBRIGHT, GOTTFRIED, CLARK,
         O'DONNELL, PEOPLES-STOKES, GALEF, PAULIN, ROSENTHAL, KAVANAGH, LIFTON,
         KELLNER, MILLMAN -- Multi-Sponsored by -- M.  of  A.  CAHILL,  COLTON,
         DINOWITZ,  GLICK,  LUPARDO,  THIELE  --  read once and referred to the
         Committee on Election Law
       AN ACT to amend the election law, the tax law and the  legislative  law,
         in  relation  to  providing  for a program for clean election campaign
         financing and to repeal certain provisions of the election law  relat-
         ing to the state board of elections
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative  findings  and  declarations.  The  legislature
    2  finds  and  declares  that  the  current  system  of  privately financed
    3  campaigns diminishes the meaning of the right to vote by allowing  large
    4  contributions  to have a deleterious influence on the political process.
    5  As the U.S. Supreme Court found in  BUCKLEY  V.  VALEO,  states  have  a
    6  compelling  interest "to reduce the deleterious effect of large contrib-
    7  utions on our political process." The current system also  violates  the
    8  rights  of  all  citizens  to  equal and meaningful participation in the
    9  democratic or political process. It diminishes the free-speech rights of
   10  non-wealthy voters and candidates whose voices are muffled by those  who
   11  can  afford  to  monopolize political communications.  Additionally, the
   12  current system fuels the public perception of conflicts of interest  and
   13  the  domination  of special money interests.  That perception undermines
   14  the electorate's confidence in the democratic process. It also makes  it
   15  very difficult for qualified candidates without access to large contrib-
   16  utors  or  personal  fortunes to mount competitive campaigns. Because it
   17  places challengers at a distinct disadvantage, the system  inhibits  the
   18  free exchange of ideas and communication with the electorate.
   19    The  legislature  finds  and declares that providing a voluntary clean
   20  elections campaign finance system would enhance democracy. It would help
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07180-01-3
       A. 4116                             2
    1  eliminate the deleterious influence of large contributions on the  poli-
    2  tical process, remove access to wealth as a major determinant of a citi-
    3  zen's influence within the political process, and restore the meaning of
    4  the  principle of "one person, one vote." It would also help restore the
    5  rights of all citizens to equal  and  meaningful  participation  in  the
    6  democratic process.
    7    Instituting  a  public financing program would restore the free-speech
    8  rights of non-wealthy candidates and voters by providing candidates with
    9  resources with which to communicate ideas with the  electorate.  Such  a
   10  system  would  thus help enhance the First Amendment rights of the elec-
   11  torate and candidates to be heard in the  political  process.  It  would
   12  help restore the core First Amendment value of open and robust debate in
   13  the  political  process. It would also diminish the electorate's percep-
   14  tion of domination of special  interests  and  strengthen  the  public's
   15  confidence  in the democratic process and institutions. By providing for
   16  public financing, this act also addresses the genuine concern about  the
   17  amount  of  time  and  effort  that  a  candidate must devote to raising
   18  campaign funds.
   19    S 2. The election law is amended by adding a new article 14-A to  read
   20  as follows:
   21                                ARTICLE 14-A
   22                               CLEAN ELECTION
   23                             CAMPAIGN FINANCING
   24  SECTION 14-150. DEFINITIONS.
   25          14-152. ELIGIBILITY AND OTHER REQUIREMENTS.
   26          14-154. QUALIFIED CAMPAIGN EXPENDITURES.
   27          14-156. CAMPAIGN CONTRIBUTIONS.
   28          14-158. OPTIONAL CLEAN ELECTION CAMPAIGN FINANCING.
   29          14-160. RECEIPT  AND EXPENDITURE LIMITATIONS; ADDITIONAL FINANC-
   30                    ING AND LIMITS.
   31          14-162. POWER OF BOARD OF ELECTIONS.
   32          14-164. NEW YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND.
   33          14-166. DISBURSAL OF REVENUE FOR CLEAN ELECTION CAMPAIGN FINANC-
   34                    ING.
   35          14-168. EXAMINATIONS AND AUDITS; REPAYMENTS.
   36          14-170. PENALTIES.
   37          14-172. CAMPAIGNS FOR OFFICE NOT SUBJECT TO THIS ARTICLE.
   38          14-174. REPORTS.
   39          14-176. CONSTRUCTION.
   40          14-178. JOINT CAMPAIGN ACTIVITIES.
   41    S 14-150. DEFINITIONS. FOR PURPOSES OF  THIS  ARTICLE,  THE  FOLLOWING
   42  TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   43     1.  THE TERM "QUALIFIED CANDIDATE" SHALL MEAN ANY CANDIDATE FOR NOMI-
   44  NATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR,  LIEUTENANT
   45  GOVERNOR, COMPTROLLER, ATTORNEY GENERAL, STATE SENATOR, MEMBER OF ASSEM-
   46  BLY  OR  DISTRICT  ATTORNEY  WHO  QUALIFIES FOR CLEAN ELECTIONS FUNDS BY
   47  COLLECTING THE REQUIRED NUMBER OF QUALIFIED CONTRIBUTIONS  AND  AGREEING
   48  TO OTHER REQUIREMENTS SPECIFIED HEREIN.
   49    2.  THE TERM "PRINCIPAL COMMITTEE" SHALL MEAN THE AUTHORIZED COMMITTEE
   50  DESIGNATED BY A CANDIDATE PURSUANT TO THIS ARTICLE.
   51    3. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
   52  FOR WHICH CLEAN ELECTION CAMPAIGN FUNDS MAY BE USED.
   53    4. THE TERM "FUND" SHALL  MEAN  THE  NEW  YORK  STATE  CLEAN  ELECTION
   54  CAMPAIGN FUND.
   55    5. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE TOTAL AMOUNT OF
   56  QUALIFYING  CONTRIBUTIONS THAT A PARTICIPATING CANDIDATE AND THE AUTHOR-
       A. 4116                             3
    1  IZED COMMITTEES OF SUCH CANDIDATE MUST RECEIVE IN ORDER FOR SUCH  CANDI-
    2  DATE TO QUALIFY FOR CLEAN ELECTION FUNDING PURSUANT TO THIS ARTICLE.
    3    6.  THE  TERM  "AUTHORIZED COMMITTEE" SHALL MEAN A POLITICAL COMMITTEE
    4  WHICH HAS BEEN AUTHORIZED BY ONE OR MORE CANDIDATES TO AID OR TAKE  PART
    5  IN  THE  ELECTIONS OF SUCH CANDIDATE OR CANDIDATES AND WHICH HAS FILED A
    6  STATEMENT THAT SUCH CANDIDATE OR CANDIDATES HAVE AUTHORIZED  SUCH  POLI-
    7  TICAL COMMITTEE PURSUANT TO SECTION 14-112 OF THIS CHAPTER.
    8    7.  THE  TERM  "CONTRIBUTION"  SHALL MEAN: (A) ANY GIFT, SUBSCRIPTION,
    9  ADVANCE, OR DEPOSIT OF MONEY OR ANY THING OF VALUE, MADE  IN  CONNECTION
   10  WITH THE NOMINATION FOR ELECTION, OR ELECTION, OF ANY CANDIDATE; (B) ANY
   11  FUNDS RECEIVED BY A POLITICAL COMMITTEE FROM ANOTHER POLITICAL COMMITTEE
   12  TO  THE EXTENT SUCH FUNDS DO NOT CONSTITUTE A TRANSFER; (C) ANY PAYMENT,
   13  BY ANY PERSON OTHER THAN A CANDIDATE OR A POLITICAL COMMITTEE AUTHORIZED
   14  BY THE CANDIDATE, MADE IN CONNECTION WITH THE NOMINATION  FOR  ELECTION,
   15  OR ELECTION, OF ANY CANDIDATE, INCLUDING BUT NOT LIMITED TO COMPENSATION
   16  FOR  THE  PERSONAL  SERVICES  OF  ANY  INDIVIDUAL  WHICH ARE RENDERED IN
   17  CONNECTION WITH A CANDIDATE'S ELECTION  OR  NOMINATION  WITHOUT  CHARGE;
   18  PROVIDED  HOWEVER, THAT NONE OF THE FOREGOING SHALL BE DEEMED A CONTRIB-
   19  UTION IF IT IS MADE, TAKEN OR PERFORMED  BY  A  PERSON  OR  A  POLITICAL
   20  COMMITTEE INDEPENDENT OF THE CANDIDATE OR HIS OR HER AGENTS OR POLITICAL
   21  COMMITTEES  AUTHORIZED  BY  SUCH CANDIDATE PURSUANT TO SECTION 14-112 OF
   22  THIS CHAPTER. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "INDEPENDENT OF
   23  THE CANDIDATE OR HIS OR HER AGENTS OR POLITICAL COMMITTEES AUTHORIZED BY
   24  SUCH CANDIDATE PURSUANT TO SECTION 14-112 OF THIS  CHAPTER"  SHALL  MEAN
   25  THAT  THE  CANDIDATE  OR  HIS  OR  HER AGENTS OR POLITICAL COMMITTEES SO
   26  AUTHORIZED BY SUCH CANDIDATE DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER
   27  OR COOPERATE IN ANY SUCH ACTIVITY; AND PROVIDED FURTHER, THAT  THE  TERM
   28  "CONTRIBUTION" SHALL NOT INCLUDE:
   29    (I) THE VALUE OF SERVICES PROVIDED WITHOUT COMPENSATION BY INDIVIDUALS
   30  WHO VOLUNTEER A PORTION OR ALL OF THEIR TIME ON BEHALF OF A CANDIDATE OR
   31  POLITICAL COMMITTEE,
   32    (II) THE USE OF REAL OR PERSONAL PROPERTY AND THE COST OF INVITATIONS,
   33  FOOD  AND BEVERAGES VOLUNTARILY PROVIDED BY AN INDIVIDUAL TO A CANDIDATE
   34  OR POLITICAL COMMITTEE ON  THE  INDIVIDUAL'S  RESIDENTIAL  PREMISES  FOR
   35  CANDIDATE-RELATED  ACTIVITIES  TO THE EXTENT SUCH SERVICES DO NOT EXCEED
   36  FIVE HUNDRED DOLLARS IN VALUE, AND
   37    (III) THE TRAVEL EXPENSES OF ANY INDIVIDUAL WHO  ON  HIS  OR  HER  OWN
   38  BEHALF VOLUNTEERS HIS OR HER PERSONAL SERVICES TO ANY CANDIDATE OR POLI-
   39  TICAL  COMMITTEE TO THE EXTENT SUCH EXPENSES ARE UNREIMBURSED AND DO NOT
   40  EXCEED FIVE HUNDRED DOLLARS IN VALUE.
   41    A LOAN MADE TO A QUALIFIED CANDIDATE OR  AN  AUTHORIZED  COMMITTEE  OF
   42  SUCH CANDIDATE OTHER THAN IN THE REGULAR COURSE OF THE LENDER'S BUSINESS
   43  SHALL  BE DEEMED, TO THE EXTENT NOT REPAID BY THE DATE OF THE PRIMARY OR
   44  GENERAL ELECTION, AS THE CASE MAY BE, A CONTRIBUTION BY  THE  LENDER.  A
   45  LOAN  MADE  TO  A QUALIFIED CANDIDATE OR AN AUTHORIZED COMMITTEE OF SUCH
   46  CANDIDATE IN THE REGULAR  COURSE  OF  THE  LENDER'S  BUSINESS  SHALL  BE
   47  DEEMED,  TO  THE EXTENT NOT REPAID BY THE DATE OF THE PRIMARY OR GENERAL
   48  ELECTION, AS THE CASE MAY BE, A CONTRIBUTION BY THE OBLIGOR ON THE  LOAN
   49  AND  BY ANY OTHER PERSON ENDORSING, COSIGNING, GUARANTEEING, COLLATERAL-
   50  IZING OR OTHERWISE PROVIDING SECURITY FOR THE LOAN.
   51    8. THE TERM "QUALIFYING CONTRIBUTION" SHALL  MEAN  A  CONTRIBUTION  OF
   52  FIVE  DOLLARS  PER  CONTRIBUTION TO THE CLEAN ELECTION CAMPAIGN FUND AND
   53  WHICH IS COUNTED TOWARD THE AGGREGATE NUMBER OF QUALIFYING CONTRIBUTIONS
   54  NEEDED TO MEET THE THRESHOLD AMOUNT FOR A SPECIFIC OFFICE.   A  CONTRIB-
   55  UTION  SHALL  BE DEEMED A QUALIFYING CONTRIBUTION ONLY IF MADE BY CHECK,
   56  MONEY ORDER OR IN CASH AND ONLY IF ACCOMPANIED  BY  A  SIGNED  STATEMENT
       A. 4116                             4
    1  THAT  IT  IS  INTENDED TO BE A CONTRIBUTION TO A CLEAN ELECTION CAMPAIGN
    2  FUND. FOR A CANDIDATE SEEKING THE NOMINATION OF A POLITICAL  PARTY,  THE
    3  NUMBER  OF  QUALIFYING  CONTRIBUTIONS FROM THE CANDIDATE'S PARTY MUST BE
    4  EQUAL  TO  FIVE  PERCENT  OF THE VOTERS REGISTERED IN THAT PARTY IN THAT
    5  DISTRICT OR THE  MINIMUM  NUMBER  OF  QUALIFYING  CONTRIBUTIONS  NEEDED,
    6  WHICHEVER IS LESS.
    7    9.  THE  TERM "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS OR ANY THING
    8  OF VALUE BETWEEN POLITICAL COMMITTEES AUTHORIZED BY THE  SAME  CANDIDATE
    9  PURSUANT TO SECTION 14-112 OF THIS CHAPTER AND TAKING PART IN HIS OR HER
   10  CAMPAIGN.
   11    10.  THE  TERM  "COVERED ELECTION" SHALL MEAN ANY PRIMARY ELECTION FOR
   12  NOMINATION, SPECIAL OR GENERAL ELECTION FOR ELECTION FOR THE  OFFICE  OF
   13  GOVERNOR,  LIEUTENANT  GOVERNOR,  COMPTROLLER,  ATTORNEY  GENERAL, STATE
   14  SENATOR, MEMBER OF ASSEMBLY OR DISTRICT ATTORNEY.
   15    11. THE TERM "POLITICAL COMMITTEE" SHALL MEAN ANY  CORPORATION  AIDING
   16  OR  PROMOTING AND ANY COMMITTEE, POLITICAL CLUB OR COMBINATION OF ONE OR
   17  MORE PERSONS OPERATING OR COOPERATING TO AID OR TO PROMOTE  THE  SUCCESS
   18  OR  DEFEAT  OF A POLITICAL QUESTION OR PRINCIPLE, OR TO AID OR TAKE PART
   19  IN THE ELECTION OR DEFEAT OF A CANDIDATE FOR PUBLIC OFFICE OR TO AID  OR
   20  TAKE  PART  IN THE ELECTION OR DEFEAT OF A CANDIDATE FOR NOMINATION AT A
   21  PRIMARY ELECTION OR CONVENTION, INCLUDING ALL PROCEEDINGS PRIOR TO  SUCH
   22  PRIMARY  ELECTION, OR OF A CANDIDATE FOR ANY PARTY POSITION VOTED FOR AT
   23  A PRIMARY ELECTION, OR TO AID OR DEFEAT THE NOMINATION BY PETITION OF AN
   24  INDEPENDENT CANDIDATE FOR PUBLIC OFFICE; BUT  NOTHING  IN  THIS  ARTICLE
   25  SHALL  APPLY  TO  ANY  COMMITTEE  OR  ORGANIZATION FOR THE DISCUSSION OR
   26  ADVANCEMENT OF POLITICAL QUESTIONS OR PRINCIPLES WITHOUT CONNECTION WITH
   27  ANY VOTE. "POLITICAL COMMITTEE" SHALL INCLUDE  ANY  PARTY  COMMITTEE  OR
   28  CONSTITUTED COMMITTEE, AS SUCH COMMITTEES ARE DEFINED IN THIS CHAPTER.
   29    12.  THE  TERM  "INTERMEDIARY"  SHALL MEAN AN INDIVIDUAL, CORPORATION,
   30  PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER  ENTITY
   31  WHICH,  OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIV-
   32  ERY OR MESSENGER SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER  PERSON
   33  OR  ENTITY  TO  A  CANDIDATE  OR AN AUTHORIZED COMMITTEE. "INTERMEDIARY"
   34  SHALL NOT INCLUDE SPOUSES, PARENTS, CHILDREN OR SIBLINGS OF  THE  PERSON
   35  MAKING SUCH CONTRIBUTION.
   36    13. THE TERM "ALLOWABLE CONTRIBUTION" SHALL MEAN A SEED MONEY CONTRIB-
   37  UTION  OR  PERSONAL CONTRIBUTION PERMITTED UNDER THE TERMS OF THIS ARTI-
   38  CLE.
   39    14. THE TERM "SEED MONEY CONTRIBUTION" SHALL MEAN  A  SINGLE  CONTRIB-
   40  UTION FROM A NATURAL PERSON ONLY OF NO MORE THAN ONE HUNDRED DOLLARS PER
   41  CONTRIBUTION,  WHICH IS COLLECTED BEFORE THE END OF THE QUALIFYING PERI-
   42  OD. THIS MONEY CAN ONLY BE SPENT FOR START-UP COSTS PRIOR TO  QUALIFYING
   43  FOR  PUBLIC  FINANCING. THE AGGREGATE AMOUNT OF SEED MONEY ALLOWED TO BE
   44  RAISED PER CANDIDATE SHALL BE SET ACCORDING TO  THE  OFFICE  SOUGHT  AND
   45  SPECIFIED IN SECTION 14-160 OF THIS ARTICLE.
   46    15.  THE TERM "PRIMARY ELECTION CAMPAIGN PERIOD" SHALL MEAN THE PERIOD
   47  AFTER THE QUALIFYING PERIOD ENDING ON THE PRIMARY DAY.
   48    16. THE TERM "GENERAL ELECTION CAMPAIGN PERIOD" SHALL MEAN THE  PERIOD
   49  BEGINNING  THE  DAY  AFTER  THE PRIMARY AND ENDING THIRTY DAYS AFTER THE
   50  GENERAL ELECTION.
   51    17. THE TERM "INDEPENDENT EXPENDITURE" SHALL MEAN  AN  EXPENDITURE  BY
   52  ANY  PERSON, POLITICAL PARTY OR OTHER ENTITY OTHER THAN A CANDIDATE OR A
   53  CANDIDATE'S AUTHORIZED COMMITTEE THAT IS MADE FOR A  COMMUNICATION  THAT
   54  EXPRESSLY  ADVOCATES  THE  ELECTION  OR  DEFEAT  OF A CLEARLY IDENTIFIED
   55  CANDIDATE WHICH IS MADE WITHOUT PARTICIPATION,  COOPERATION  OR  COORDI-
   56  NATION  OR  CONSULTATION  WITH  ANY  CANDIDATE, CANDIDATE'S COMMITTEE OR
       A. 4116                             5
    1  PERSONS WORKING ON BEHALF OF A CANDIDATE. A PERSON, POLITICAL  PARTY  OR
    2  ENTITY IS PRESUMED TO BE IN COOPERATION OR COORDINATION WITH A CANDIDATE
    3  IF THEY PROVIDE THE CANDIDATE WITH ANYTHING OF VALUE, DISCUSS DEMOGRAPH-
    4  ICS, POLLING OR RELATED CAMPAIGN STRATEGY WITH A CANDIDATE, ANY CAMPAIGN
    5  CONSULTANT  OR  AGENT; OR ENGAGE IN JOINT FUNDRAISING WITH THE CAMPAIGN,
    6  ONCE ANY TYPE OF COORDINATION IS ESTABLISHED, THE PERIOD OF COORDINATION
    7  IS PRESUMED TO BE THE ENTIRE CAMPAIGN.
    8    18. THE TERM "NON-PARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE  WHO
    9  REJECTS  CLEAN  ELECTION  CAMPAIGN  FINANCING  AND  CHOOSES TO RUN IN AN
   10  ELECTION WITH CAMPAIGN CONTRIBUTIONS RAISED FROM PRIVATE SOURCES, OR WHO
   11  OTHERWISE IS INELIGIBLE OR FAILS TO QUALIFY FOR CLEAN ELECTION  CAMPAIGN
   12  FINANCING.  NON-PARTICIPATING CANDIDATES ARE INELIGIBLE TO RECEIVE CLEAN
   13  ELECTION CAMPAIGN FINANCING OR OTHER BENEFITS AS DEFINED BY  THIS  ARTI-
   14  CLE.
   15    19.  THE TERM "START-UP COSTS" SHALL MEAN THE COSTS AND SERVICE NECES-
   16  SARY FOR A CANDIDATE TO ADEQUATELY EXPLORE THE  POSSIBILITY  OF  RUNNING
   17  FOR ELECTED OFFICE.
   18    20. THE TERM "INDEPENDENT ELECTION DEBIT CARD" SHALL MEAN A DEBIT CARD
   19  ISSUED  BY  THE  NEW YORK STATE BOARD OF ELECTIONS ENTITLING A CANDIDATE
   20  AND DESIGNATED MEMBERS OF THE CANDIDATE STAFF TO DRAW MONEY FROM  A  NEW
   21  YORK  STATE  CLEAN  ELECTION CAMPAIGN FUND TO PAY ALL CAMPAIGN COSTS AND
   22  EXPENSES.
   23    21. THE TERM "QUALIFYING PERIOD" SHALL MEAN THE  PERIOD  DURING  WHICH
   24  PARTICIPATING CANDIDATES COLLECT QUALIFYING CONTRIBUTIONS.
   25    S  14-152.  ELIGIBILITY  AND OTHER REQUIREMENTS. 1. TO BE ELIGIBLE FOR
   26  CLEAN ELECTION FUNDING UNDER THIS ARTICLE, A  CANDIDATE  FOR  NOMINATION
   27  FOR ELECTION OR ELECTION MUST:
   28    (A)  MEET  ALL  THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
   29  BALLOT;
   30    (B) BE A CANDIDATE FOR  GOVERNOR,  LIEUTENANT  GOVERNOR,  COMPTROLLER,
   31  ATTORNEY  GENERAL,  STATE  SENATE  OR ASSEMBLY OR DISTRICT ATTORNEY IN A
   32  PRIMARY OR GENERAL ELECTION AND MEET THE THRESHOLD FOR  ELIGIBILITY  SET
   33  FORTH IN SUBDIVISION TWO OF THIS SECTION;
   34    (C)  CHOOSE  TO  PARTICIPATE  IN  THE  CLEAN ELECTION CAMPAIGN FUNDING
   35  PROVISIONS OF THIS ARTICLE, BY FILING A WRITTEN  CERTIFICATION  IN  SUCH
   36  FORM  AS  MAY  BE PRESCRIBED BY THE BOARD OF ELECTIONS, WHICH SETS FORTH
   37  HIS OR HER ACCEPTANCE OF AND AGREEMENT TO  COMPLY  WITH  THE  TERMS  AND
   38  CONDITIONS  FOR  THE  PROVISION  OF SUCH FUNDS; SUCH CERTIFICATION TO BE
   39  FILED WITH THE BOARD OF ELECTIONS AS FOLLOWS:
   40    (I) THE QUALIFYING PERIOD SHALL COMMENCE ON NOVEMBER FIRST OF THE YEAR
   41  PRIOR TO THE ELECTION AND END ON MAY THIRTY-FIRST OF  THE  YEAR  OF  THE
   42  ELECTION;
   43    (II)  CANDIDATES  WHO  QUALIFY  FOR FUNDS AUTOMATICALLY ACHIEVE BALLOT
   44  STATUS AND DO NOT NEED TO ESTABLISH BALLOT  STATUS  THROUGH  THE  ESTAB-
   45  LISHED PETITION PROCESS;
   46    (III) CANDIDATES WHO QUALIFY FOR FUNDS MAY BEGIN DRAWING ON SUCH FUNDS
   47  AS OF APRIL FIRST OR FIVE DAYS AFTER QUALIFYING, WHICHEVER IS LATER;
   48    (IV)  CANDIDATES WHO WIN A PRIMARY ELECTION SHALL RECEIVE FUNDS WITHIN
   49  FIVE DAYS AFTER THE DATE OF THE PRIMARY;
   50    (V) THE QUALIFICATION PERIOD IN A SPECIAL ELECTION SHALL BEGIN THE DAY
   51  THE ELECTION IS ANNOUNCED. CANDIDATES SHALL HAVE  UP  TO  FOURTEEN  DAYS
   52  BEFORE  THE  DATE OF THE SPECIAL ELECTION TO COLLECT QUALIFYING CONTRIB-
   53  UTIONS. THE NUMBER OF QUALIFYING CONTRIBUTIONS  SHALL  BE  HALF  OF  THE
   54  NUMBER  OF  CONTRIBUTIONS REQUIRED IN A GENERAL ELECTION. FUNDS SHALL BE
   55  RELEASED TO SPECIAL ELECTION CANDIDATES WITHIN THREE DAYS OF  SUBMISSION
   56  OF QUALIFYING CONTRIBUTIONS;
       A. 4116                             6
    1    (D)  OBTAIN  AND  FURNISH  TO THE BOARD ANY INFORMATION IT MAY REQUEST
    2  RELATING TO HIS  OR  HER  CAMPAIGN  EXPENDITURES  OR  CONTRIBUTIONS  AND
    3  FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS ARTI-
    4  CLE AS MAY BE REQUESTED BY SUCH BOARD;
    5    (E)  NOTIFY THE BOARD AS TO THE EXISTENCE OF EACH AUTHORIZED COMMITTEE
    6  AUTHORIZED BY SUCH CANDIDATE, WHETHER ANY SUCH  COMMITTEE  HAS  BEEN  SO
    7  AUTHORIZED  BY ANY OTHER CANDIDATE, AND, IF THE CANDIDATE HAS AUTHORIZED
    8  MORE THAN ONE AUTHORIZED COMMITTEE, WHICH HAS  BEEN  DESIGNATED  BY  THE
    9  CANDIDATE AS THE PRINCIPAL COMMITTEE PURSUANT TO THIS ARTICLE;
   10    (F)  NOT ACCEPT AND HIS OR HER PRINCIPAL COMMITTEE AND ANY OTHER POLI-
   11  TICAL COMMITTEE AUTHORIZED BY SUCH CANDIDATE  MUST  NOT  ACCEPT,  EITHER
   12  DIRECTLY  OR  BY  TRANSFER,  ANY  CONTRIBUTION OR CONTRIBUTIONS FROM ANY
   13  INDIVIDUAL,  CORPORATION,  PARTNERSHIP,  POLITICAL  COMMITTEE,  EMPLOYEE
   14  ORGANIZATION  OR OTHER ENTITY FOR ALL COVERED ELECTIONS HELD IN THE SAME
   15  CALENDAR YEAR IN WHICH HE OR SHE IS A PARTICIPATING CANDIDATE EXCEPT FOR
   16  SEED MONEY AS FOLLOWS:   CANDIDATES  MAY  EXPEND  SEED  MONEY  TO  COVER
   17  EXPENSES  RELATED TO EXPLORING THE FEASIBILITY OF RUNNING FOR OFFICE AND
   18  COLLECTING QUALIFYING CONTRIBUTIONS. NO PERSON, INCLUDING THE  CANDIDATE
   19  MAY  MAKE  A  SEED  MONEY  CONTRIBUTION  TO A CANDIDATE IN EXCESS OF ONE
   20  HUNDRED DOLLARS AND SEED MONEY MAY ONLY BE CONTRIBUTED  BY  INDIVIDUALS.
   21  SEED  MONEY  MAY  ONLY BE COLLECTED AND SEED MONEY FUNDS USED DURING THE
   22  QUALIFYING PERIOD.
   23    (G) MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR  A  COVERED
   24  ELECTION AS REQUIRED BY THE BOARD;
   25    (H)  NOT  MAKE  AND HIS OR HER PRINCIPAL COMMITTEE AND ANY OTHER POLI-
   26  TICAL COMMITTEE AUTHORIZED BY SUCH CANDIDATE MUST NOT MAKE  EXPENDITURES
   27  WHICH IN THE AGGREGATE EXCEED THE APPLICABLE EXPENDITURE LIMITATIONS SET
   28  FORTH IN SECTION 14-160 OF THIS ARTICLE;
   29    (I)  AGREE  TO  PARTICIPATE  IN AT LEAST TWO PUBLIC DEBATES WITH OTHER
   30  QUALIFIED CANDIDATES PRIOR TO THE DATE OF  A  PRIMARY  ELECTION  AND  AT
   31  LEAST THREE DEBATES WITH OTHER QUALIFIED CANDIDATES PRIOR TO THE DATE OF
   32  A  GENERAL OR SPECIAL ELECTION.  SUCH DEBATES SHALL BE ESTABLISHED UNDER
   33  REGULATIONS PROMULGATED BY THE BOARD OF ELECTIONS.  IF A CANDIDATE FAILS
   34  TO PARTICIPATE IN ANY DEBATE  REQUIRED  UNDER  THIS  SECTION  BEFORE  AN
   35  ELECTION,  THE CANDIDATE SHALL BE LIABLE FOR RETURN OF MONEYS PREVIOUSLY
   36  RECEIVED FOR USE BY THE CANDIDATE TO PAY ELECTION CAMPAIGN EXPENSES  AND
   37  SHALL BE INELIGIBLE TO RECEIVE ANY FURTHER CLEAN ELECTION CAMPAIGN FUNDS
   38  FOR  THAT  ELECTION.  FOR  PURPOSES  OF  THIS SUBDIVISION, EACH PRIMARY,
   39  GENERAL, SPECIAL OR RUN OFF ELECTION  SHALL  BE  CONSIDERED  A  SEPARATE
   40  ELECTION; AND
   41    (J) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
   42  THIS SECTION.
   43    2. (A) THE THRESHOLD FOR ELIGIBILITY FOR CLEAN ELECTION CAMPAIGN FUND-
   44  ING  FOR  PARTICIPATING CANDIDATES IN A GENERAL ELECTION SHALL BE IN THE
   45  CASE OF:
   46    (I) CANDIDATES FOR STATE SENATE MUST COLLECT  AT  LEAST  ONE  THOUSAND
   47  QUALIFYING  CONTRIBUTIONS  FROM  PERSONS  ELIGIBLE  TO VOTE IN THE STATE
   48  SENATE DISTRICT;
   49    (II) CANDIDATES FOR STATE ASSEMBLY MUST COLLECT FOUR HUNDRED  QUALIFY-
   50  ING  CONTRIBUTIONS  FROM  PERSONS ELIGIBLE TO VOTE IN THE STATE ASSEMBLY
   51  DISTRICT;
   52    (III) CANDIDATES FOR GOVERNOR MUST COLLECT FIFTEEN THOUSAND QUALIFYING
   53  CONTRIBUTIONS, INCLUDING AT LEAST TWO HUNDRED FIFTY  CONTRIBUTIONS  FROM
   54  PERSONS  ELIGIBLE  TO  VOTE  IN  EACH OF A MAJORITY OF THE CONGRESSIONAL
   55  DISTRICTS OF THE STATE;
       A. 4116                             7
    1    (IV) CANDIDATES FOR LIEUTENANT GOVERNOR, ATTORNEY  GENERAL  AND  COMP-
    2  TROLLER MUST COLLECT TEN THOUSAND QUALIFYING CONTRIBUTIONS, INCLUDING AT
    3  LEAST ONE HUNDRED FIFTY CONTRIBUTIONS FROM PERSONS ELIGIBLE TO VOTE FROM
    4  A MAJORITY OF THE CONGRESSIONAL DISTRICTS OF THE STATE;
    5    (V) CANDIDATES FOR DISTRICT ATTORNEY MUST COLLECT THE NUMBER OF QUALI-
    6  FYING CONTRIBUTIONS FROM PERSONS ELIGIBLE TO VOTE IN THE COUNTY EQUAL TO
    7  THE  POPULATION  OF  THE  COUNTY POPULATION ACCORDING TO THE LAST CENSUS
    8  MULTIPLIED BY 0.0033, BUT NO LESS THAN ONE HUNDRED.
    9    (B) IN ADDITION TO THE REQUIREMENTS OF PARAGRAPH (A) OF THIS  SUBDIVI-
   10  SION  IN  ORDER TO BE ELIGIBLE FOR CLEAN ELECTION CAMPAIGN FINANCING FOR
   11  THE GENERAL ELECTIONS, THE  CANDIDATE  MUST  HAVE  PARTICIPATED  IN  THE
   12  PRIMARY  ELECTION  AND RECEIVE THE HIGHEST NUMBER OF VOTES OF THE CANDI-
   13  DATES CONTESTING THE PRIMARY ELECTION FROM HIS OR HER  RESPECTIVE  PARTY
   14  AND  HAVE  WON THE PARTY'S NOMINATION. THIS PROVISION SHALL NOT APPLY TO
   15  INDEPENDENT CANDIDATES, WHOSE ELIGIBILITY REQUIREMENTS ARE SET FORTH  IN
   16  THIS SECTION.
   17    3.  (A)  IN  ORDER  TO  BE ELIGIBLE TO RECEIVE CLEAN ELECTION CAMPAIGN
   18  FUNDS IN A PRIMARY ELECTION A QUALIFIED CANDIDATE MUST AGREE THAT IN THE
   19  EVENT HE OR SHE IS A CANDIDATE FOR SUCH OFFICE  IN  ANY  OTHER  ELECTION
   20  HELD  IN  THE  SAME  CALENDAR YEAR, THAT HE OR SHE WILL BE BOUND IN EACH
   21  SUCH OTHER ELECTION  BY  THE  ELIGIBILITY  REQUIREMENTS  AND  ALL  OTHER
   22  PROVISIONS OF THIS ARTICLE.
   23    (B) ANY QUALIFIED CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY IN A
   24  PRIMARY  ELECTION  FOR ONE OF THE OFFICES OUTLINED IN THIS ARTICLE SHALL
   25  BE DEEMED TO HAVE MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH  OFFICE  IN
   26  ANY OTHER ELECTION HELD IN THE SAME CALENDAR YEAR.
   27    4.  QUALIFIED  CANDIDATES  WHO ARE CONTESTED IN A PRIMARY ELECTION FOR
   28  NOMINATION FOR ELECTION TO OFFICE AND WHO DO NOT FILE A WRITTEN  CERTIF-
   29  ICATION  PURSUANT  TO  PARAGRAPH  (C) OF SUBDIVISION ONE OF THIS SECTION
   30  SHALL NOT BE ELIGIBLE FOR CLEAN ELECTION CAMPAIGN FUNDS FOR ANY ELECTION
   31  TO SUCH OFFICE HELD IN THE SAME CALENDAR YEAR.
   32    5. QUALIFIED CANDIDATES WHO ARE UNOPPOSED IN A COVERED ELECTION  SHALL
   33  BE  ELIGIBLE  TO  RECEIVE THIRTY-FIVE PERCENT OF THE FULL CLEAN ELECTION
   34  CAMPAIGN FUNDS FOR SUCH ELECTION.
   35    6. NO POLITICAL COMMITTEE AUTHORIZED BY A QUALIFIED  CANDIDATE  FOR  A
   36  COVERED  ELECTION MAY BE AUTHORIZED TO AID OR TAKE PART IN THE ELECTIONS
   37  OF MORE THAN ONE CANDIDATE.
   38    7. ALL RECEIPTS OF SEED MONEY CONTRIBUTIONS ACCEPTED BY AN  AUTHORIZED
   39  COMMITTEE  SHALL  BE DEPOSITED IN AN ACCOUNT OF THE PRINCIPAL COMMITTEE.
   40  THE TREASURER OF THE  AUTHORIZED  COMMITTEE  SHALL  BE  RESPONSIBLE  FOR
   41  MAKING  SUCH DEPOSITS. ALL DEPOSITS OF SEED MONEY CONTRIBUTIONS SHALL BE
   42  MADE WITHIN TEN BUSINESS DAYS OF RECEIPT. EACH DISCLOSURE  REPORT  FILED
   43  PURSUANT  TO  THIS ARTICLE SHALL INCLUDE THE DATE OF RECEIPT OF ALL SEED
   44  MONEY CONTRIBUTIONS ACCEPTED.
   45    8. REGARDLESS OF WHETHER A QUALIFIED CANDIDATE DEMONSTRATES  ELIGIBIL-
   46  ITY  FOR  CLEAN ELECTION CAMPAIGN FINANCING UNDER THIS ARTICLE, A QUALI-
   47  FIED CANDIDATE AND HIS OR  HER  AUTHORIZED  COMMITTEES  ARE  NONETHELESS
   48  REQUIRED  TO  ABIDE BY THE REQUIREMENTS OF PARAGRAPHS (D), (E), (F), (G)
   49  AND (H) OF SUBDIVISION ONE OF THIS SECTION.
   50    9. A QUALIFIED CANDIDATE WHO RECEIVES CLEAN  ELECTION  CAMPAIGN  FUNDS
   51  SHALL  NOT  ACCEPT  OR  SPEND  ANY FUNDS OTHER THAN SEED MONEY AND CLEAN
   52  ELECTION CAMPAIGN FUNDS.
   53    10. A QUALIFIED CANDIDATE WHO RECEIVES CLEAN ELECTION  CAMPAIGN  FUNDS
   54  SHALL IDENTIFY THE NAME OF THE CANDIDATE ON ALL PRINTED CAMPAIGN LITERA-
   55  TURE,  AND  ACKNOWLEDGE  THEREIN THAT CLEAN ELECTION CAMPAIGN FUNDS WERE
       A. 4116                             8
    1  USED IN PREPARATION OF THE SAME. ADDITIONALLY ALL TELEVISION  ADVERTISE-
    2  MENTS AND RADIO ADVERTISEMENTS, MUST INCLUDE THE VOICE OF THE CANDIDATE.
    3    S 14-154. QUALIFIED CAMPAIGN EXPENDITURES.  1. CLEAN ELECTION CAMPAIGN
    4  FUNDS PROVIDED UNDER THE PROVISIONS OF THIS ARTICLE MAY BE USED ONLY FOR
    5  EXPENDITURES  BY  AN  AUTHORIZED  COMMITTEE  ON BEHALF OF A CANDIDATE TO
    6  FURTHER THE CANDIDATE'S NOMINATION FOR ELECTION OR ELECTION  DURING  THE
    7  CALENDAR  YEAR  IN  WHICH  THE  PRIMARY OR GENERAL ELECTION IN WHICH THE
    8  CANDIDATE IS SEEKING NOMINATION FOR ELECTION OR ELECTION IS HELD.
    9    2. SUCH FUNDS MAY NOT BE USED FOR:
   10    (A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
   11    (B) PAYMENTS MADE TO THE CANDIDATE OR  A  SPOUSE,  CHILD,  GRANDCHILD,
   12  PARENT,  GRANDPARENT,  BROTHER  OR  SISTER OF THE CANDIDATE OR SPOUSE OF
   13  SUCH CHILD, GRANDCHILD, PARENT, GRANDPARENT, BROTHER OR SISTER, OR TO  A
   14  BUSINESS  ENTITY  IN  WHICH  THE  CANDIDATE OR ANY SUCH PERSON HAS A TEN
   15  PERCENT OR GREATER OWNERSHIP INTEREST;
   16    (C) PAYMENTS IN EXCESS OF THE FAIR MARKET VALUE OF  SERVICES,  MATERI-
   17  ALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
   18    (D)  (I)  ANY  EXPENDITURES  MADE AFTER THE CANDIDATE HAS BEEN FINALLY
   19  DISQUALIFIED EXCEPT AS EXPENDITURES FOR  A  DIFFERENT  COVERED  ELECTION
   20  HELD  LATER  IN  THE  SAME  CALENDAR  YEAR  IN WHICH THE CANDIDATE SEEKS
   21  ELECTION FOR THE SAME OFFICE; AND
   22    (II) ANY EXPENDITURE MADE AFTER THE ONLY  REMAINING  OPPONENT  OF  THE
   23  CANDIDATE  HAS  BEEN  FINALLY  DISQUALIFIED EXCEPT AS EXPENDITURES FOR A
   24  DIFFERENT COVERED ELECTION HELD LATER IN THE SAME CALENDAR YEAR IN WHICH
   25  THE CANDIDATE SEEKS ELECTION FOR THE SAME OFFICE;
   26    (E) PAYMENTS IN CASH, EXCEPT AS  PRESCRIBED  IN  SUBDIVISION  FOUR  OF
   27  SECTION 14-166 OF THIS ARTICLE;
   28    (F)  ANY  CONTRIBUTION  OR LOAN MADE TO ANOTHER CANDIDATE OR POLITICAL
   29  COMMITTEE; OR
   30    (G) GIFTS,  EXCEPT    BROCHURES,  BUTTONS,  SIGNS  AND  OTHER  PRINTED
   31  CAMPAIGN MATERIAL.
   32    S  14-156.  CAMPAIGN CONTRIBUTIONS.  QUALIFIED CANDIDATES MUST FURNISH
   33  COMPLETE CAMPAIGN RECORDS, INCLUDING ALL RECORDS OF SEED MONEY  CONTRIB-
   34  UTIONS,  QUALIFYING  CONTRIBUTIONS  AND  EXPENDITURES  TO  THE  BOARD OF
   35  ELECTIONS ON A QUARTERLY BASIS OR ON REQUEST BY THE BOARD.
   36    S 14-158. OPTIONAL CLEAN ELECTION CAMPAIGN FINANCING.  EACH  QUALIFIED
   37  CANDIDATE  FOR NOMINATION FOR ELECTION OR ELECTION IN A COVERED ELECTION
   38  MAY OBTAIN PAYMENT TO THE AUTHORIZED COMMITTEE DESIGNATED BY SUCH CANDI-
   39  DATE PURSUANT TO THIS ARTICLE FROM CLEAN  ELECTION  CAMPAIGN  FUNDS  FOR
   40  QUALIFIED  CAMPAIGN  EXPENDITURES,  IN ACCORDANCE WITH THE PROVISIONS OF
   41  THIS ARTICLE, AND SUBJECT TO APPROPRIATION.
   42    1. NO SUCH CLEAN ELECTION CAMPAIGN FUNDS SHALL BE PAID TO A  PRINCIPAL
   43  COMMITTEE  UNLESS  THE BOARD DETERMINES THAT THE QUALIFIED CANDIDATE HAS
   44  MET THE ELIGIBILITY REQUIREMENTS OF  THIS  ARTICLE.  PAYMENT  SHALL  NOT
   45  EXCEED  THE AMOUNTS SPECIFIED IN THIS ARTICLE, AND SHALL BE MADE ONLY IN
   46  ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. SUCH PAYMENT MAY BE MADE
   47  ONLY TO THE QUALIFIED CANDIDATE'S PRINCIPAL COMMITTEE. NO CLEAN ELECTION
   48  CAMPAIGN FUNDS SHALL BE USED EXCEPT  AS  REIMBURSEMENT  OR  PAYMENT  FOR
   49  QUALIFIED  CAMPAIGN  EXPENDITURES  ACTUALLY  AND LAWFULLY INCURRED OR TO
   50  REPAY LOANS USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
   51    2. A QUALIFIED CANDIDATE SEEKING OR OBTAINING NOMINATION FOR  ELECTION
   52  BY  MORE  THAN  ONE  PARTY  SHALL BE DEEMED ONE CANDIDATE, AND SHALL NOT
   53  RECEIVE ADDITIONAL CLEAN ELECTION CAMPAIGN FUNDS  OR  BE  AUTHORIZED  TO
   54  ACCEPT  CONTRIBUTIONS  IN  EXCESS OF THE MAXIMUM CONTRIBUTION APPLICABLE
   55  PURSUANT TO PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION 14-152  OF  THIS
       A. 4116                             9
    1  ARTICLE  OR  MAKE  ADDITIONAL  EXPENDITURES  BY REASON OF SUCH CANDIDATE
    2  SEEKING OR OBTAINING NOMINATION FOR ELECTION BY MORE THAN ONE PARTY.
    3    3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, IF THERE IS AN
    4  ADDITIONAL DAY FOR VOTING HELD PURSUANT TO SECTION 3-108 OF THIS CHAPTER
    5  OR  AN  ELECTION  HELD PURSUANT TO COURT ORDER, A QUALIFIED CANDIDATE IN
    6  SUCH ELECTION SHALL OBTAIN PAYMENT FOR QUALIFIED  CAMPAIGN  EXPENDITURES
    7  IN  AN  AMOUNT  EQUAL  TO TWENTY-FIVE CENTS FOR EACH ONE DOLLAR OF CLEAN
    8  ELECTION CAMPAIGN FUNDS PAID PURSUANT TO THIS ARTICLE TO THE CANDIDATE'S
    9  PRINCIPAL COMMITTEE FOR THE PRECEDING ELECTION. EXCEPT  AS  PROVIDED  BY
   10  THIS  SUBDIVISION,  NO ADDITIONAL CLEAN ELECTION CAMPAIGN FUNDS SHALL BE
   11  PROVIDED TO ANY CANDIDATE  FOR  SUCH  ELECTION  OR  ADDITIONAL  DAY  FOR
   12  VOTING.
   13    S  14-160.  RECEIPT  AND EXPENDITURE LIMITATIONS; ADDITIONAL FINANCING
   14  AND LIMITS. 1. (A) THE FOLLOWING LIMITATIONS APPLY TO ALL RECEIPTS  MADE
   15  FROM  A  CLEAN  ELECTION  CAMPAIGN  FUND  AND ALL EXPENDITURES MADE BY A
   16  CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEES ON OR AFTER THE FIRST DAY
   17  OF JANUARY PRECEDING THE ELECTION FOR WHICH SUCH  CANDIDATE  CHOOSES  TO
   18  PARTICIPATE  IN  THE  CLEAN ELECTION CAMPAIGN FUNDING PROVISIONS OF THIS
   19  ARTICLE AND TO EXPENDITURES MADE AT ANY TIME  PRIOR  TO  SUCH  DATE  FOR
   20  SERVICES,  MATERIALS,  FACILITIES,  ADVERTISING OR OTHER THINGS OF VALUE
   21  RECEIVED, RENDERED, PUBLISHED, DISTRIBUTED OR BROADCAST ON OR AFTER SUCH
   22  DATE.  EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS  SECTION,  IN  EACH
   23  GENERAL  ELECTION,  RECEIPTS  FROM  A  CLEAN  ELECTION CAMPAIGN FUND AND
   24  EXPENDITURES BY A PARTICIPATING  CANDIDATE  FOR  ONE  OF  THE  FOLLOWING
   25  OFFICES  AND  HIS  OR  HER  AUTHORIZED  COMMITTEES  SHALL NOT EXCEED THE
   26  FOLLOWING AMOUNTS:
   27  OFFICE                GENERAL ELECTION          PRIMARY ELECTION
   28  GOVERNOR              $7,000,000                75 CENTS/ENROLLED VOTER
   29  LT. GOV.              N.A.                      75 CENTS/ENROLLED VOTER
   30                                                  BUT NOT TO EXCEED
   31                                                  $1,250,000
   32  ATT. GENERAL          $2,500,000                75 CENTS/ENROLLED VOTER
   33                                                  BUT NOT TO EXCEED
   34                                                  $1,250,000
   35  COMPTROLLER           $2,500,000                75 CENTS/ ENROLLED VOTER
   36                                                  BUT NOT TO EXCEED
   37                                                  $1,250,000
   38  DISTRICT ATTORNEY     $7,000,000 X COUNTY POP.  $3,000,000 X COUNTY POP.
   39                                     -----------               ------------
   40                                      STATE POP.              STATE POP.
   41  STATE SENATE          $  150,000                $1.75/ENROLLED VOTER
   42                                                   BUT NOT TO EXCEED
   43                                                   $30,000
   44  STATE ASSEMBLY        $  75,000                 $1.75/ENROLLED VOTER
   45                                                   BUT NOT TO EXCEED
   46                                                   $15,000
   47    (B) NOT LATER THAN THE FIRST DAY OF MARCH IN  THE  YEAR  TWO  THOUSAND
   48  TWENTY-ONE,  AND EVERY FOURTH YEAR THEREAFTER THE BOARD SHALL (I) DETER-
   49  MINE THE PERCENTAGE DIFFERENCE BETWEEN THE AVERAGE OVER A CALENDAR  YEAR
   50  OF  THE CONSUMER PRICE INDEX FOR ALL URBAN AREAS PUBLISHED BY THE UNITED
   51  STATES BUREAU OF LABOR STATISTICS FOR THE TWELVE  MONTHS  PRECEDING  THE
   52  BEGINNING  OF  SUCH CALENDAR YEAR AND THE AVERAGE OVER THE CALENDAR YEAR
   53  TWO THOUSAND TEN OF SUCH CONSUMER PRICE INDEX; (II) ADJUST EACH EXPENDI-
   54  TURE LIMITATION APPLICABLE PURSUANT TO THIS SUBDIVISION BY THE AMOUNT OF
   55  SUCH PERCENTAGE DIFFERENCE TO THE NEAREST THOUSAND  DOLLARS;  AND  (III)
   56  PUBLISH SUCH ADJUSTED EXPENDITURE LIMITATION IN THE STATE REGISTER. SUCH
       A. 4116                            10
    1  ADJUSTED EXPENDITURE LIMITATION SHALL BE IN EFFECT FOR ANY ELECTION HELD
    2  BEFORE THE NEXT SUCH ADJUSTMENT.
    3    2. THE FOLLOWING SEED MONEY LIMITATIONS APPLY TO ALL EXPENDITURES MADE
    4  BY  A CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEES PRIOR TO THE END OF
    5  THE CLEAN ELECTION CAMPAIGN FINANCING QUALIFYING PERIOD FOR  WHICH  SUCH
    6  CANDIDATE  CHOOSES TO PARTICIPATE IN THE CLEAN ELECTION CAMPAIGN FUNDING
    7  PROVISIONS OF THIS ARTICLE AND TO EXPENDITURES MADE AT ANY TIME PRIOR TO
    8  SUCH DATE FOR SERVICES,  MATERIALS,  FACILITIES,  ADVERTISING  OR  OTHER
    9  THINGS  OF VALUE RECEIVED, RENDERED, PUBLISHED, DISTRIBUTED OR BROADCAST
   10  IN SUCH CALENDAR YEAR. SUCH EXPENDITURES BY A  QUALIFIED  CANDIDATE  FOR
   11  ONE  OF THE FOLLOWING OFFICES AND HIS OR HER AUTHORIZED COMMITTEES SHALL
   12  NOT EXCEED THE FOLLOWING AMOUNTS:
   13       GOVERNOR:                                             $200,000
   14       ATTORNEY GENERAL:                                     $150,000
   15       COMPTROLLER:                                          $150,000
   16       LIEUTENANT GOVERNOR:                                  $150,000
   17       STATE SENATE:                                         $ 20,000
   18       MEMBER OF ASSEMBLY:                                   $ 10,000
   19       DISTRICT ATTORNEY: $25.00 MULTIPLIED BY THE NUMBER OF QUALIFIED
   20                                                CONTRIBUTIONS RECEIVED
   21    3. ADDITIONAL FUNDS FROM THE FUND SHALL  BE  AWARDED  TO  A  QUALIFIED
   22  CANDIDATE  WHEN  THE TOTAL OF CAMPAIGN EXPENDITURES BY NON-PARTICIPATING
   23  CANDIDATES WHO OPPOSE A QUALIFIED CANDIDATE AND INDEPENDENT EXPENDITURES
   24  DIRECTED AGAINST THE QUALIFIED CANDIDATE OR IN SUPPORT OF THE  QUALIFIED
   25  CANDIDATE'S  OPPONENT,  EXCEEDS  ONE HUNDRED TEN PERCENT OF THE SPENDING
   26  LIMITS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION.    AN  ADDITIONAL
   27  DOLLAR  SHALL  BE  AWARDED  FOR EACH DOLLAR IN EXCESS OF ONE HUNDRED TEN
   28  PERCENT OF THE LIMIT, UP TO A TOTAL OF THREE  HUNDRED  PERCENT  OF  SAID
   29  EXPENDITURE LIMITS.
   30    4. NON-PARTICIPATING CANDIDATES AND PERSONS OR COMMITTEES MAKING INDE-
   31  PENDENT  EXPENDITURES  SHALL  COMPLY WITH ALL REPORTING REQUIREMENTS FOR
   32  POLITICAL COMMITTEES, AND IN ADDITION SHALL, THREE WEEKS BEFORE THE DATE
   33  OF THE ELECTION, REPORT ANY AND ALL EXPENDITURES EXPECTED TO BE MADE  ON
   34  THE ELECTION AND MAY NOT SPEND ANY AMOUNTS NOT SO REPORTED.
   35    5.  IN  ADDITION  TO  ANY  OTHER PROVISION OF THIS ARTICLE LIMITING OR
   36  QUALIFYING OR DEFINING A QUALIFIED CAMPAIGN EXPENDITURE,  THE  FOLLOWING
   37  EXPENDITURE  SHALL BE DEEMED INDEPENDENT EXPENDITURES FOR THE PURPOSE OF
   38  THIS ARTICLE:
   39    (A) ANY WRITTEN ADVERTISEMENT DISTRIBUTED WITHIN SIXTY DAYS PRIOR TO A
   40  PRIMARY, GENERAL OR SPECIAL ELECTION IN WHICH A CANDIDATE'S  NAME  OR  A
   41  CANDIDATE'S  POLITICAL  PARTY  IS  INCLUDED  SHALL  BE DEEMED A CAMPAIGN
   42  EXPENDITURE; AND
   43    (B) ANY ADVERTISEMENT DISTRIBUTED WITHIN SIXTY DAYS PRIOR TO A  PRIMA-
   44  RY, GENERAL OR SPECIAL ELECTION WHICH, AS INDICATED BY ITS TIMING PLACE-
   45  MENT,  MESSAGE, CONTEXT OR OTHER OBJECTIVE AND APPARENT MESSAGE OR OTHER
   46  CRITERIA WHICH IN THE OPINION OF THE BOARD OF ELECTIONS IS  INTENDED  TO
   47  INFLUENCE  THE  OUTCOME  OF  SUCH  ELECTION  SHALL  BE DEEMED A CAMPAIGN
   48  EXPENDITURE.
   49    6. ANY PERSON OR COMMITTEE  WHO  DISTRIBUTES  AN  ADVERTISEMENT  WHICH
   50  INCLUDES  THE  NAME  OF  A CANDIDATE NOMINATED FOR A PRIMARY, GENERAL OR
   51  SPECIAL ELECTION SHALL COMPLY WITH ALL OF  THE  DISCLOSURE  REQUIREMENTS
   52  IMPOSED ON POLITICAL COMMITTEES PURSUANT TO THIS CHAPTER.
   53    7.  ANY  EXPENDITURE  MADE BY A MEMBERSHIP ORGANIZATION, AS DEFINED BY
   54  THE FEDERAL ELECTION COMMISSION, TO A MEMBER IN GOOD  STANDING  OF  SUCH
   55  ORGANIZATION  SHALL  NOT  BE DEEMED TO BE A CAMPAIGN EXPENDITURE BUT THE
       A. 4116                            11
    1  AMOUNT THEREOF SHALL BE DISCLOSED IN  THE  SAME  MANNER  AS  A  CAMPAIGN
    2  EXPENDITURE IS DISCLOSED PURSUANT TO THIS ARTICLE.
    3    S  14-162.  POWER  OF BOARD OF ELECTIONS.  1. THE BOARD SHALL HAVE THE
    4  POWER TO INVESTIGATE ALL MATTERS RELATING  TO  THE  PERFORMANCE  OF  ITS
    5  FUNCTIONS  AND ANY OTHER MATTER RELATING TO THE PROPER ADMINISTRATION OF
    6  THIS ARTICLE AND FOR SUCH PURPOSES SHALL HAVE THE POWER TO  REQUIRE  THE
    7  ATTENDANCE AND EXAMINE AND TAKE THE TESTIMONY UNDER OATH OF SUCH PERSONS
    8  AS  IT  SHALL  DEEM  NECESSARY  AND  TO REQUIRE THE PRODUCTION OF BOOKS,
    9  ACCOUNTS, PAPERS AND OTHER EVIDENCE RELATIVE TO SUCH INVESTIGATION.
   10    2. THE BOARD SHALL PUBLICIZE, AS IT DEEMS APPROPRIATE,  THE  NAMES  OF
   11  CANDIDATES  FOR NOMINATION OR ELECTION TO THE OFFICES OF GOVERNOR, LIEU-
   12  TENANT GOVERNOR, COMPTROLLER, ATTORNEY GENERAL, STATE SENATE, MEMBER  OF
   13  ASSEMBLY  OR DISTRICT ATTORNEY WHO VIOLATE ANY OF THE PROVISIONS OF THIS
   14  ARTICLE.
   15    3. THE BOARD MAY RENDER ADVISORY OPINIONS WITH  RESPECT  TO  QUESTIONS
   16  ARISING  UNDER  THIS  ARTICLE. SUCH ADVISORY OPINIONS MAY BE RENDERED ON
   17  THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF A POLITICAL  COMMITTEE
   18  OR  MEMBER  OF THE PUBLIC, OR MAY BE RENDERED ON ITS OWN INITIATIVE. THE
   19  BOARD SHALL MAKE PUBLIC ITS ADVISORY OPINIONS. THE BOARD SHALL DEVELOP A
   20  PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO  THE  PURPOSE  AND
   21  EFFECT  OF  THE  PROVISIONS OF THIS ARTICLE. THE BOARD SHALL PREPARE AND
   22  MAKE AVAILABLE EDUCATIONAL MATERIALS, INCLUDING COMPLIANCE  MANUALS  AND
   23  SUMMARIES  AND EXPLANATIONS OF THE PURPOSES AND PROVISIONS OF THIS ARTI-
   24  CLE. THESE MATERIALS SHALL BE PREPARED  IN  PLAIN  LANGUAGE.  THE  BOARD
   25  SHALL  PREPARE  AND  MAKE  AVAILABLE MATERIALS, INCLUDING, TO THE EXTENT
   26  FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF  COMPLIANCE  WITH
   27  THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS ARTICLE.
   28    4.  THE  BOARD  SHALL  HAVE THE AUTHORITY TO PROMULGATE SUCH RULES AND
   29  REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS NECESSARY FOR THE  ADMIN-
   30  ISTRATION  OF  THIS  ARTICLE.  THE  BOARD  SHALL  PROMULGATE REGULATIONS
   31  CONCERNING THE FORM IN WHICH CONTRIBUTIONS AND EXPENDITURES  ARE  TO  BE
   32  REPORTED,  THE  PERIODS  DURING WHICH SUCH REPORTS MUST BE FILED AND THE
   33  VERIFICATION REQUIRED.  THE BOARD SHALL REQUIRE THE FILING OF REPORTS OF
   34  CONTRIBUTIONS AND EXPENDITURES FOR PURPOSES  OF  DETERMINING  COMPLIANCE
   35  WITH  PARAGRAPH  (F)  OF  SUBDIVISION  ONE OF SECTION 14-152 AND SECTION
   36  14-160 OF THIS ARTICLE IN ACCORDANCE WITH THE SCHEDULE SPECIFIED BY  THE
   37  STATE BOARD OF ELECTIONS FOR THE FILING OF CAMPAIGN RECEIPT AND EXPENDI-
   38  TURE STATEMENTS.
   39    5. THE BOARD SHALL DEVELOP A COMPUTER DATA BASE THAT SHALL CONTAIN ALL
   40  INFORMATION  NECESSARY  FOR  THE  PROPER  ADMINISTRATION OF THIS CHAPTER
   41  INCLUDING INFORMATION ON CONTRIBUTIONS TO AND EXPENDITURES BY CANDIDATES
   42  AND THEIR AUTHORIZED COMMITTEES AND DISTRIBUTIONS  OF  MONEYS  FROM  THE
   43  CAMPAIGN FINANCE FUND. SUCH DATA BASE SHALL BE ACCESSIBLE TO THE PUBLIC.
   44    6.  THE BOARD SHALL PROMULGATE REGULATIONS REGARDING PUBLIC DEBATES AS
   45  PROVIDED IN SECTION 14-152 OF THIS ARTICLE.
   46    7. THE BOARD MAY TAKE SUCH OTHER ACTIONS AS ARE NECESSARY  AND  PROPER
   47  TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
   48    S  14-164.    NEW  YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND. 1.
   49  THERE IS HEREBY ESTABLISHED A SPECIAL FUND, TO BE KNOWN AS THE "NEW YORK
   50  STATE CLEAN ELECTION CAMPAIGN FINANCE FUND". THE MONIES IN SUCH FUND MAY
   51  BE EXPENDED BY THE BOARD OF ELECTIONS ONLY  AS  PAYMENTS  FOR  QUALIFIED
   52  CANDIDATES IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   53    2. THE FUND SHALL BE KEPT SEPARATE AND SHALL BE CREDITED WITH ALL SUMS
   54  APPROPRIATED  THEREOF,  ANY  DONATIONS  RECEIVED PURSUANT TO SUBDIVISION
   55  SEVEN OF THIS SECTION, ALL EARNINGS  ACCRUING  ON  SUCH  FUNDS  AND  ANY
       A. 4116                            12
    1  MONIES  REALIZED  FROM  THE  PROVISIONS  OF SUBDIVISION THREE OF SECTION
    2  14-170 OF THIS ARTICLE.
    3    3.  IF  AT  ANY  TIME THE BOARD OF ELECTIONS DETERMINES THAT THE CLEAN
    4  ELECTIONS CAMPAIGN FINANCE FUND DOES NOT HAVE SUFFICIENT REVENUES, OR IS
    5  LIKELY TO NOT HAVE SUFFICIENT REVENUES, FOR PAYMENT TO QUALIFYING CANDI-
    6  DATES UNDER THIS ARTICLE THEN IT SHALL REPORT THIS DETERMINATION TO  THE
    7  COMPTROLLER,  ALONG  WITH  THE AMOUNT WHICH WILL BE NECESSARY TO PROVIDE
    8  QUALIFYING CANDIDATES WITH FINANCING PURSUANT  TO  THIS  ARTICLE  AND  A
    9  DETAILED  STATEMENT  OF  THE  ASSUMPTIONS  AND METHODOLOGY ON WHICH SUCH
   10  DETERMINATION WAS BASED. NO MORE THAN FOUR DAYS AFTER RECEIVING  SUCH  A
   11  DETERMINATION  THE  COMPTROLLER  SHALL TRANSFER THE AMOUNT DETERMINED BY
   12  THE BOARD OF ELECTIONS TO BE NECESSARY FROM  THE  GENERAL  FUND  TO  THE
   13  CLEAN ELECTIONS CAMPAIGN FINANCE FUND.
   14    4.  THE  MONEYS  IN SUCH FUND SHALL BE MADE AVAILABLE TO PARTICIPATING
   15  CANDIDATES BY THE BOARD UPON  ITS  CERTIFICATION  THAT  SUCH  CANDIDATES
   16  QUALIFY FOR SUCH FUNDS.
   17    5.  NO  MONEYS  SHALL  BE  MADE AVAILABLE TO QUALIFIED CANDIDATES IN A
   18  GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF  THE  PRIMARY
   19  ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
   20    6.  NO  MONEYS  SHALL BE MADE AVAILABLE TO ANY QUALIFIED CANDIDATE WHO
   21  HAS BEEN FINALLY DISQUALIFIED.    ANY  PAYMENT  FROM  THE  FUND  IN  THE
   22  POSSESSION  OF  SUCH  A CANDIDATE OR HIS OR HER AUTHORIZED COMMITTEES ON
   23  THE DATE OF SUCH FINAL DISQUALIFICATION OR INVALIDATION MAY  NOT  THERE-
   24  AFTER  BE  EXPENDED  FOR  ANY  PURPOSE EXCEPT THE PAYMENT OF LIABILITIES
   25  INCURRED IN QUALIFIED CAMPAIGN EXPENDITURES BEFORE SUCH DATE  AND  SHALL
   26  BE PROMPTLY REPAID TO THE FUND.
   27    7.  THE BOARD SHALL BE EMPOWERED TO ACCEPT DONATIONS TO BE CREDITED TO
   28  THE FUND. THE BOARD MAY DEVISE SUCH METHODS OF SOLICITING AND COLLECTING
   29  DONATIONS AS IT MAY DEEM FEASIBLE AND APPROPRIATE.
   30    8. (A) A QUALIFIED CANDIDATE  WHO  HAS  BEEN  DEFEATED  IN  A  PRIMARY
   31  ELECTION  OR  WHO FAILS TO REMAIN AS A CANDIDATE THROUGHOUT A PRIMARY OR
   32  GENERAL ELECTION PERIOD SHALL RETURN ALL UNSPENT FUNDS THAT WERE  RAISED
   33  OR DISTRIBUTED TO HIM OR HER TO THE FUND.
   34    (B) ALL OTHER QUALIFIED CANDIDATES SHALL RETURN ALL UNSPENT QUALIFYING
   35  CAMPAIGN  CONTRIBUTIONS  AND OTHER FUND REVENUES AND ALL UNEXPENDED SEED
   36  MONEY THAT WERE DISTRIBUTED TO HIM OR HER TO THE FUND.
   37    THE AGGREGATE AMOUNT WHICH MAY BE PROVIDED TO QUALIFIED CANDIDATES  IN
   38  ANY   FOUR-YEAR   ELECTION   CYCLE   FROM  THE  FUND  SHALL  NOT  EXCEED
   39  ONE-TENTH-OF-ONE-PERCENT OF THE  TOTAL  EXPENDITURES  MADE  PURSUANT  TO
   40  APPROPRIATIONS  MADE  BY  LAW  DURING SUCH TIME PERIOD. IF THE AMOUNT OF
   41  FUNDS FOR WHICH QUALIFIED CANDIDATES HAVE QUALIFIED REACHES  OR  EXCEEDS
   42  THIS  LEVEL, THE BOARD OF ELECTIONS SHALL REDUCE, BY AN EQUAL PERCENTAGE
   43  FOR ALL CANDIDATES, THE  RESPECTIVE  AMOUNT  OF  PUBLIC  FINANCING  MADE
   44  AVAILABLE TO QUALIFIED CANDIDATES.
   45    S  14-166. DISBURSAL OF REVENUE FOR CLEAN ELECTION CAMPAIGN FINANCING.
   46  1. UPON CERTIFYING THAT A  CANDIDATE  IS  ELIGIBLE  FOR  CLEAN  ELECTION
   47  CAMPAIGN  FINANCING, THE BOARD OF ELECTIONS SHALL ISSUE A NEW YORK STATE
   48  CLEAN ELECTION CAMPAIGN FINANCE FUND DEBIT  CARD  TO  THE  PARTICIPATING
   49  CANDIDATE  ENTITLING  THE CANDIDATE AND DESIGNATED MEMBERS OF HIS OR HER
   50  STAFF THE RIGHT TO DRAW MONEY FROM THE NEW  YORK  STATE  CLEAN  ELECTION
   51  CAMPAIGN FINANCE FUND ACCOUNT TO PAY ALL CAMPAIGN COSTS AND EXPENSES.
   52    2.  A QUALIFIED CANDIDATE AND HIS OR HER REPRESENTATIVE ARE PROHIBITED
   53  FROM PAYING FOR CAMPAIGN EXPENSES IN ANY WAY OTHER THAN BY  USE  OF  THE
   54  NEW YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND DEBIT CARD EXCEPT AS
   55  EXEMPTED  IN  SUBDIVISION  FOUR OF THIS SECTION. THE USE OF THE NEW YORK
       A. 4116                            13
    1  STATE CLEAN ELECTION CAMPAIGN FUND DEBIT CARD TO GENERATE PERSONAL CRED-
    2  IT OR A LOAN IS PROHIBITED.
    3    3.  CASH,  CASHIER'S  CHECKS,  MONEY ORDERS, OR OTHER FORMS OF PAYMENT
    4  SHALL BE PERMISSIBLE ONLY IF THEY ARE DRAWN DIRECTLY FROM THE  NEW  YORK
    5  STATE CLEAN ELECTION CAMPAIGN FINANCE FUND, EXCEPT AS EXEMPTED IN SUBDI-
    6  VISION FOUR OF THIS SECTION.
    7    (A)  ALL  CAMPAIGN  PURCHASES FOR GOODS AND SERVICES SHALL BE PAID FOR
    8  WITH MONEY DRAWN FROM THE NEW YORK STATE CLEAN ELECTION CAMPAIGN FUND AT
    9  THE TIME OF PURCHASE, EXCEPT THAT FEES FOR SERVICES, INCLUDING  SALARIES
   10  AND FEES FOR STAFF MEMBERS AND CONSULTANTS, MAY BE MADE AVAILABLE AT ANY
   11  TIME  UP  UNTIL THE LAST DAY OF THE RELEVANT PRIMARY, SPECIAL OR GENERAL
   12  CAMPAIGN PERIODS.
   13    (B) ESTIMATED PAYMENTS FOR UTILITY BILLS,  INCLUDING  TELEPHONE,  HEAT
   14  AND  ELECTRICITY CHARGES, SHALL BE MADE AVAILABLE BY THE LAST DAY OF THE
   15  RELEVANT ELECTION PERIOD. IN BUDGETING THEIR PROJECTED EXPENSES,  QUALI-
   16  FIED  CANDIDATES  MUST  ESTIMATE  THE  COST  OF  UTILITIES. THE CAMPAIGN
   17  FINANCE BOARD IS AUTHORIZED TO PROVIDE A FORMULA FOR SUCH ESTIMATES.
   18    4. A PETTY CASH FUND MAY BE  ESTABLISHED  CONSISTENT  WITH  THE  OTHER
   19  PROVISIONS OF THIS ARTICLE.
   20    (A)  QUALIFIED  CANDIDATES MAY HAVE A DAILY PETTY CASH FUND, FOR DAILY
   21  EXPENSES, INCLUDING FOOD, NEWSPAPERS, MAGAZINES, PUBLIC TELEPHONES,  AND
   22  OTHER  MINOR  NECESSITIES UNRELATED TO THE DIRECT OPERATING COSTS OF THE
   23  CAMPAIGN. THE DAILY MAXIMUM AMOUNT OF  THE  PETTY  CASH  FUND  SHALL  BE
   24  ESTABLISHED BY THE BOARD.
   25    (B)  ALL  CASH EXPENDITURES IN EXCESS OF TWENTY-FIVE DOLLARS REQUIRE A
   26  CASH RECEIPT SPECIFYING THE ITEM PURCHASED AND ITS  PURPOSE,  ITS  COST,
   27  AND THE PLACE OF PURCHASE.
   28    S  14-168.  EXAMINATIONS  AND  AUDITS;  REPAYMENTS.  1.  THE  BOARD OF
   29  ELECTIONS IS HEREBY EMPOWERED TO AUDIT AND EXAMINE ALL MATTERS  RELATING
   30  TO THE PERFORMANCE OF ITS FUNCTIONS AND ANY OTHER MATTER RELATING TO THE
   31  PROPER ADMINISTRATION OF THIS ARTICLE.
   32    2. (A) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO
   33  THE  PRINCIPAL  COMMITTEE  OF A QUALIFIED CANDIDATE FROM THE FUND WAS IN
   34  EXCESS OF THE AGGREGATE AMOUNT OF  PAYMENTS  WHICH  SUCH  CANDIDATE  WAS
   35  ELIGIBLE  TO  RECEIVE  PURSUANT  TO  THIS  ARTICLE, IT SHALL NOTIFY SUCH
   36  COMMITTEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT  EQUAL  TO
   37  THE AMOUNT OF EXCESS PAYMENTS.
   38    (B)  IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
   39  PRINCIPAL COMMITTEE OF A QUALIFIED CANDIDATE FROM THE FUND WAS USED  FOR
   40  PURPOSES  OTHER  THAN  QUALIFIED  CAMPAIGN EXPENDITURES, IT SHALL NOTIFY
   41  SUCH COMMITTEE OF THE AMOUNT SO DISQUALIFIED AND  SUCH  COMMITTEE  SHALL
   42  PAY TO THE BOARD AN AMOUNT EQUAL TO SUCH DISQUALIFIED AMOUNT.
   43    (C)  IF  THE TOTAL OF CONTRIBUTIONS, OTHER RECEIPTS, AND PAYMENTS FROM
   44  THE FUND RECEIVED BY A QUALIFIED CANDIDATE AND  HIS  OR  HER  AUTHORIZED
   45  COMMITTEES  EXCEED THE TOTAL CAMPAIGN EXPENDITURES OF SUCH CANDIDATE AND
   46  COMMITTEES FOR ALL COVERED ELECTIONS HELD IN THE SAME CALENDAR  YEAR  OR
   47  FOR  A  SPECIAL ELECTION TO FILL A VACANCY SUCH CANDIDATE AND COMMITTEES
   48  SHALL USE SUCH EXCESS FUNDS TO REIMBURSE THE FUND FOR PAYMENTS  RECEIVED
   49  BY THE PRINCIPAL COMMITTEE FROM THE FUND DURING SUCH CALENDAR YEAR. SUCH
   50  REIMBURSEMENT  SHALL  BE  MADE NOT LATER THAN TEN DAYS AFTER ALL LIABIL-
   51  ITIES HAVE BEEN PAID AND IN ANY EVENT, NOT LATER THAN JUNE THIRTIETH  OF
   52  THE  YEAR  FOLLOWING  SUCH  CALENDAR YEAR. NO SUCH EXCESS FUNDS SHALL BE
   53  USED FOR ANY OTHER PURPOSE, UNLESS THE  TOTAL  AMOUNT  OF  THE  PAYMENTS
   54  RECEIVED FROM THE FUND BY THE AUTHORIZED COMMITTEE HAS BEEN REPAID.
   55    3.  IF  A  QUALIFIED  CANDIDATE WHOSE PRINCIPAL COMMITTEE HAS RECEIVED
   56  CLEAN ELECTION CAMPAIGN FUNDS IS DISQUALIFIED BY A  COURT  OF  COMPETENT
       A. 4116                            14
    1  JURISDICTION  ON  THE  GROUNDS  THAT SUCH CANDIDATE COMMITTED FRAUDULENT
    2  ACTS IN ORDER TO OBTAIN A PLACE ON THE BALLOT AND SUCH DECISION  IS  NOT
    3  REVERSED, SUCH CANDIDATE AND HIS OR HER PRINCIPAL COMMITTEE SHALL PAY TO
    4  THE  BOARD AN AMOUNT EQUAL TO THE TOTAL OF CLEAN ELECTION CAMPAIGN FUNDS
    5  RECEIVED BY SUCH PRINCIPAL COMMITTEE.
    6    S 14-170.  PENALTIES.  1.  ANY  QUALIFIED  CANDIDATE  WHOSE  PRINCIPAL
    7  COMMITTEE  FAILS  TO  FILE  IN  A  TIMELY  MANNER  A STATEMENT OR RECORD
    8  REQUIRED TO BE FILED BY THIS ARTICLE OR THE RULES OF THE BOARD IN IMPLE-
    9  MENTATION THEREOF OR WHO VIOLATES ANY OTHER PROVISION OF THIS ARTICLE OR
   10  RULE PROMULGATED THEREUNDER, AND ANY PRINCIPAL  COMMITTEE  TREASURER  OR
   11  ANY  OTHER  AGENT OF A QUALIFIED CANDIDATE WHO COMMITS SUCH A VIOLATION,
   12  SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT IN  EXCESS  OF  TEN
   13  THOUSAND DOLLARS.
   14    2.  IN  ADDITION  TO THE PENALTIES PROVIDED IN SUBDIVISION ONE OF THIS
   15  SECTION, IF THE AGGREGATE AMOUNT OF EXPENDITURES BY A  QUALIFIED  CANDI-
   16  DATE  AND  SUCH CANDIDATE'S AUTHORIZED COMMITTEES EXCEED THE EXPENDITURE
   17  LIMITATIONS CONTAINED IN THIS  ARTICLE  SUCH  CANDIDATE  AND  AUTHORIZED
   18  COMMITTEES  SHALL  BE  SUBJECT  TO  A  CIVIL PENALTY IN AN AMOUNT NOT TO
   19  EXCEED THREE TIMES THE SUM BY WHICH SUCH EXPENDITURES EXCEED THE  APPLI-
   20  CABLE EXPENDITURE LIMITATION.
   21    3.  THE  INTENTIONAL  OR KNOWING FURNISHING OF ANY FALSE OR FICTITIOUS
   22  EVIDENCE, BOOKS OR INFORMATION TO THE BOARD UNDER THIS ARTICLE,  OR  THE
   23  INCLUSION  IN  ANY  EVIDENCE,  BOOKS,  OR  INFORMATION SO FURNISHED OF A
   24  MISREPRESENTATION OF A MATERIAL FACT, OR THE FALSIFYING  OR  CONCEALMENT
   25  OF  ANY  EVIDENCE,  BOOKS,  OR  INFORMATION RELEVANT TO ANY AUDIT BY THE
   26  BOARD OR THE INTENTIONAL OR KNOWING VIOLATION OF ANY OTHER PROVISION  OF
   27  THIS ARTICLE SHALL BE PUNISHABLE AS A CLASS A MISDEMEANOR IN ADDITION TO
   28  ANY  OTHER PENALTY AS MAY BE PROVIDED UNDER LAW. THE BOARD SHALL SEEK TO
   29  RECOVER ANY CLEAN ELECTION CAMPAIGN FUNDS OBTAINED AS A RESULT  OF  SUCH
   30  CONDUCT.  ANY MONIES SO OBTAINED SHALL BE DEPOSITED INTO THE FUND.
   31    S  14-172. CAMPAIGNS FOR OFFICE NOT SUBJECT TO THIS ARTICLE.  CONTRIB-
   32  UTIONS, LOANS, GUARANTEES AND OTHER SECURITY FOR  SUCH  LOANS  USED  AND
   33  EXPENDITURES MADE TOWARD THE PAYMENT OF LIABILITIES INCURRED BY A CANDI-
   34  DATE  IN AN ELECTION HELD PRIOR TO THE EFFECTIVE DATE OF THIS SECTION OR
   35  IN WHICH HE OR SHE DID NOT CHOOSE TO PARTICIPATE IN THE  CLEAN  ELECTION
   36  CAMPAIGN FUNDING PROVISIONS OF THIS ARTICLE, OR IN A CAMPAIGN FOR PUBLIC
   37  OFFICE  OTHER  THAN ONE COVERED BY THIS ARTICLE, SHALL NOT BE SUBJECT TO
   38  THE REQUIREMENTS AND LIMITATIONS OF THIS ARTICLE.
   39    S 14-174. REPORTS. 1. THE BOARD OF ELECTIONS SHALL REVIEW AND EVALUATE
   40  THE EFFECT OF THIS ARTICLE UPON THE CONDUCT OF ELECTION CAMPAIGNS IN THE
   41  STATE AND SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE  LEGISLATURE  ON
   42  OR  BEFORE SEPTEMBER FIRST, TWO THOUSAND FOURTEEN, AND EVERY FOURTH YEAR
   43  THEREAFTER, AND AT ANY OTHER TIME UPON THE REQUEST OF  THE  GOVERNOR  OR
   44  THE  LEGISLATURE AND AT SUCH OTHER TIMES AS THE BOARD DEEMS APPROPRIATE,
   45  CONTAINING:
   46    (A) THE NUMBER AND NAMES OF CANDIDATES QUALIFYING FOR AND CHOOSING  TO
   47  RECEIVE  CLEAN  ELECTION CAMPAIGN FUNDS PURSUANT TO THIS ARTICLE, AND OF
   48  CANDIDATES FAILING TO QUALIFY OR OTHERWISE NOT CHOOSING TO RECEIVE  SUCH
   49  FUNDS, IN EACH ELECTION DURING THE FOUR PRECEDING CALENDAR YEARS;
   50    (B)  THE  AMOUNT  OF  CLEAN  ELECTION  CAMPAIGN  FUNDS PROVIDED TO THE
   51  AUTHORIZED COMMITTEES OF EACH CANDIDATE PURSUANT TO THIS ARTICLE AND THE
   52  CONTRIBUTIONS RECEIVED AND EXPENDITURES MADE BY EACH SUCH CANDIDATE  AND
   53  THE AUTHORIZED COMMITTEES OF SUCH CANDIDATE, IN EACH ELECTION DURING THE
   54  FOUR PRECEDING CALENDAR YEARS;
   55    (C)  RECOMMENDATIONS  AS  TO  WHETHER  THE  PROVISIONS OF THIS ARTICLE
   56  GOVERNING MAXIMUM CONTRIBUTION AMOUNTS, THRESHOLDS FOR  ELIGIBILITY  AND
       A. 4116                            15
    1  EXPENDITURE  LIMITATIONS  SHOULD BE AMENDED AND SETTING FORTH THE AMOUNT
    2  OF, AND REASONS FOR, ANY AMENDMENTS IT RECOMMENDS;
    3    (D)  ANALYSIS  OF  THE  EFFECT OF THIS ARTICLE ON POLITICAL CAMPAIGNS,
    4  INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS  OF  PRIVATE  FINANCING,
    5  THE  LEVEL  OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
    6  CANDIDATES AND THE  CANDIDATE'S  ABILITY  TO  CAMPAIGN  EFFECTIVELY  FOR
    7  PUBLIC OFFICE;
    8    (E)  A  REVIEW  OF THE PROCEDURES UTILIZED IN PROVIDING CLEAN ELECTION
    9  CAMPAIGN FUNDS TO CANDIDATES; AND
   10    (F) SUCH RECOMMENDATIONS FOR CHANGES  IN  THIS  ARTICLE  AS  IT  DEEMS
   11  APPROPRIATE.
   12    2.  FOR  THE  REPORT  SUBMITTED IN THE YEAR TWO THOUSAND FOURTEEN, THE
   13  BOARD ALSO SHALL REVIEW ANY CONTRIBUTIONS MADE TO CANDIDATES AND AUTHOR-
   14  IZED COMMITTEES PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE WHICH EXCEED
   15  THE AMOUNT OF THE MAXIMUM CONTRIBUTION APPLICABLE PURSUANT TO  PARAGRAPH
   16  (F)  OF  SUBDIVISION ONE OF SECTION 14-152 OF THIS ARTICLE AND REPORT AS
   17  TO WHETHER SUCH CONTRIBUTIONS WERE RETURNED, EXPENDED OR OTHERWISE  USED
   18  AND THE PURPOSES OF SUCH EXPENDITURES OR OTHER USES.
   19    S  14-176. CONSTRUCTION. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
   20  PROHIBIT THE MAKING OR RECEIPT OF CONTRIBUTIONS TO THE EXTENT  PERMITTED
   21  BY  THIS  CHAPTER  OR  TO  PERMIT THE MAKING OR RECEIPT OF CONTRIBUTIONS
   22  OTHERWISE PROHIBITED.
   23    S 14-178. JOINT CAMPAIGN ACTIVITIES. NOTHING IN THIS ARTICLE SHALL  BE
   24  CONSTRUED TO RESTRICT CANDIDATES FROM AUTHORIZING EXPENDITURES FOR JOINT
   25  CAMPAIGN  MATERIALS  AND  OTHER JOINT CAMPAIGN ACTIVITIES, PROVIDED THAT
   26  THE BENEFIT EACH CANDIDATE DERIVES FROM THE JOINT MATERIAL  OR  ACTIVITY
   27  IS  PROPORTIONALLY  EQUIVALENT  TO  THE  EXPENDITURES AUTHORIZED BY SUCH
   28  CANDIDATE.
   29    S 3. The tax law is amended by adding a new section 626-a to  read  as
   30  follows:
   31    S  626-A. THE CLEAN ELECTION CAMPAIGN FINANCE FUND.  EFFECTIVE FOR ANY
   32  TAXABLE YEAR COMMENCING ON OR AFTER THE FIRST OF JANUARY NEXT SUCCEEDING
   33  THE EFFECTIVE DATE OF THIS SECTION, AN INDIVIDUAL IN  ANY  TAXABLE  YEAR
   34  MAY  ELECT TO HAVE AN AMOUNT UP TO ONE HUNDRED DOLLARS OF ANY TAX OTHER-
   35  WISE PAYABLE DEPOSITED TO THE  CLEAN  ELECTION  CAMPAIGN  FINANCE  FUND.
   36  SUCH  CONTRIBUTION SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH
   37  INDIVIDUAL. THE COMMISSIONER SHALL  INCLUDE  A  SPACE  ON  THE  PERSONAL
   38  INCOME  TAX  RETURN  TO  ENABLE  A  TAXPAYER  TO AUTHORIZE SUCH DEPOSIT.
   39  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL REVENUES
   40  COLLECTED PURSUANT TO THIS  SECTION  SHALL  BE  CREDITED  TO  THE  CLEAN
   41  ELECTION  CAMPAIGN FINANCE FUND AND USED ONLY FOR THOSE PURPOSES ENUMER-
   42  ATED IN SECTION 14-164 OF THE ELECTION LAW.
   43    S 4. Subdivision (e) of section 1-e of the legislative law, as amended
   44  by section 1 of part S of chapter 62 of the laws of 2003, is amended  to
   45  read as follows:
   46    (e)  (i)  The  first  statement of registration filed annually by each
   47  lobbyist for calendar years through two thousand three shall be accompa-
   48  nied by a registration fee of fifty dollars except that no  registration
   49  fee  shall  be  required of a public corporation. A fee of fifty dollars
   50  shall be required for any subsequent statement of registration filed  by
   51  a  lobbyist  during  the same calendar year; (ii) The first statement of
   52  registration filed annually by each lobbyist for calendar year two thou-
   53  sand four shall be accompanied by a  registration  fee  of  one  hundred
   54  dollars  except  that  no  registration  fee  shall be required from any
   55  lobbyist who in any year does not expend, incur or receive an amount  in
   56  excess of five thousand dollars of reportable compensation and expenses,
       A. 4116                            16
    1  as  provided  in  paragraph  five of subdivision (b) of section one-h of
    2  this article, for the purposes of lobbying or of a public corporation. A
    3  fee of one hundred dollars shall be required for any  subsequent  state-
    4  ment  of registration filed by a lobbyist during the same calendar year;
    5  (iii) The first statement  of  registration  filed  biennially  by  each
    6  lobbyist  for  the first biennial registration requirements for calendar
    7  years two thousand five and two thousand six and  thereafter,  shall  be
    8  accompanied  by a registration fee of two hundred dollars except that no
    9  registration fee shall be required from any lobbyist  who  in  any  year
   10  does  not  expend, incur or receive an amount in excess of five thousand
   11  dollars of reportable compensation and expenses, as  provided  in  para-
   12  graph  five of subdivision (b) of section one-h of this article, for the
   13  purposes of lobbying or of a public corporation. A fee  of  two  hundred
   14  dollars  shall  be required for any subsequent statement of registration
   15  filed by a lobbyist during the same biennial period; (iv) The  statement
   16  of  registration  filed  after  the  due date of a biennial registration
   17  shall be accompanied by a registration  fee  that  is  prorated  to  one
   18  hundred  dollars  for  any registration filed after January first of the
   19  second calendar year covered by the biennial reporting  requirement.  In
   20  addition  to  the  fees  authorized  by this section, the commission may
   21  impose a fee for late filing of a  registration  statement  required  by
   22  this  section  not  to  exceed twenty-five dollars for each day that the
   23  statement required to be filed is late,  except  that  if  the  lobbyist
   24  making a late filing has not previously been required by statute to file
   25  such  a  statement, the fee for late filing shall not exceed ten dollars
   26  for each day that the statement required to be filed is late; (V)  FIFTY
   27  DOLLARS  OF  ANY  REGISTRATION  FEE THAT IS EQUAL TO OR GREATER THAN ONE
   28  HUNDRED DOLLARS AND THAT IS PAID AFTER JANUARY FIRST, TWO THOUSAND FOUR-
   29  TEEN, SHALL BE DEPOSITED TO THE CREDIT OF THE  CLEAN  ELECTION  CAMPAIGN
   30  FINANCE FUND ESTABLISHED IN SECTION 14-164 OF THE ELECTION LAW.
   31    S  5.  Subdivision 1 of section 14-102 of the election law, as amended
   32  by chapter 8 and as redesignated by chapter 9 of the laws  of  1978,  is
   33  amended to read as follows:
   34    1.  The  treasurer of every political committee which, or any officer,
   35  member or agent of any  such  committee  who,  in  connection  with  any
   36  election,  receives  or  expends  any  money  or other valuable thing or
   37  incurs any liability to pay money or its equivalent  shall  file  state-
   38  ments  sworn,  or subscribed and bearing a form notice that false state-
   39  ments made therein are punishable as a class A misdemeanor  pursuant  to
   40  section 210.45 of the penal law, at the times prescribed by this article
   41  setting forth all the receipts, contributions to and the expenditures by
   42  and  liabilities  of  the  committee,  and  of its officers, members and
   43  agents in its behalf. Such statements shall include the dollar amount of
   44  any receipt, contribution or transfer, or the fair market value  of  any
   45  receipt,  contribution  or  transfer,  which is other than of money, the
   46  name [and], address AND OCCUPATION of  the  transferor,  contributor  or
   47  person  from  whom  received,  THE  NAME,  ADDRESS AND OCCUPATION OF THE
   48  TRANSFEROR'S OR CONTRIBUTOR'S EMPLOYER, IF ANY, and if  the  transferor,
   49  contributor  or  person  is  a  political committee; the name of and the
   50  political unit represented by the committee, the date  of  its  receipt,
   51  the  dollar  amount  of  every  expenditure, the name and address of the
   52  person to whom it was made or the name of and the political unit repres-
   53  ented by the committee to which it was made and the  date  thereof,  and
   54  shall  state  clearly  the  purpose of such expenditure.   Any statement
   55  reporting a loan shall have attached to it a copy  of  the  evidence  of
   56  indebtedness.  Expenditures  in  sums  under  fifty  dollars need not be
       A. 4116                            17
    1  specifically accounted for by separate items  in  said  statements,  and
    2  receipts   and  contributions  aggregating  not  more  than  ninety-nine
    3  dollars, from any one contributor need not be specifically accounted for
    4  by  separate  items  in  said  statements,  provided  however, that such
    5  expenditures, receipts and contributions shall be subject to  the  other
    6  provisions of section 14-118 of this article.  ANY RECEIPT, CONTRIBUTION
    7  OR  TRANSFER  FOR  WHICH THE INFORMATION REQUIRED BY THIS SUBDIVISION IS
    8  NOT PROVIDED, SHALL NOT BE DEEMED  AVAILABLE  FOR  USE  BY  A  POLITICAL
    9  COMMITTEE.
   10    S  6.  Subdivision 1 of section 14-108 of the election law, as amended
   11  by chapter 955 of the laws of 1983, is amended to read as follows:
   12    1. The statements required by this article  shall  be  filed  at  such
   13  times  as  the  state  board  of elections, by rule or regulation, shall
   14  specify; provided, however, that in no event shall the board provide for
   15  fewer than three filings in the aggregate in connection with any  prima-
   16  ry,  general or special election, or in connection with a question to be
   17  voted on and two of said filings shall  be  before  any  such  election,
   18  including  one  such  filing  not  less  than  thirty days nor more than
   19  forty-five days prior to such election [and], one such filing  not  less
   20  than  eleven days nor more than fifteen days prior to such election, ONE
   21  SUCH FILING SHALL INCLUDE THE  PERIOD  FROM  JANUARY  ELEVENTH,  THROUGH
   22  MARCH  THIRTY-FIRST,  AND  ONE SUCH FILING SHALL INCLUDE THE PERIOD FROM
   23  APRIL FIRST THROUGH MAY THIRTY-FIRST.   In  addition,  the  board  shall
   24  provide  that  every  political committee which has filed a statement of
   25  treasurer and depository shall make at least one filing every six months
   26  between the time such statement of treasurer and depository is filed and
   27  the time such committee goes  out  of  business.  If  any  candidate  or
   28  committee  shall  be  required  by the provisions of this section, or by
   29  rule or regulation hereunder, to effect two filings within a  period  of
   30  five  days,  the  state  board  of elections may, by rule or regulation,
   31  waive the requirement of filing the earlier of  such  statements.  If  a
   32  statement  filed by a candidate or committee after the election to which
   33  it pertains is not a final statement showing satisfaction of all liabil-
   34  ities and disposition of all assets, such candidate or  committee  shall
   35  file  such  additional  statements  as the board shall, by rule or regu-
   36  lation provide until such a final statement is filed.
   37    S 7. Section 14-114 of the election law, subdivision 1 as amended  and
   38  subdivision  10 as added by chapter 79 of the laws of 1992, paragraphs a
   39  and b of subdivision 1 as amended by chapter 659 of the  laws  of  1994,
   40  subdivision  3  as  amended by chapter 517 of the laws of 1986, subdivi-
   41  sions 4, 5, 7 and 8 as amended by chapter 8 of the laws of  1978,  para-
   42  graph  a  of  subdivision 6 as amended and subdivisions 2, 4, 5, 6, 7, 8
   43  and paragraph b of subdivision 6 as redesignated by  chapter  9  of  the
   44  laws of 1978, is amended to read as follows:
   45    S 14-114. Contribution and receipt limitations. 1. The following limi-
   46  tations  apply  to  all  contributions to candidates for election to any
   47  public office or for nomination for any such office, or for election  to
   48  any  party  positions,  and to all contributions to political committees
   49  working directly or indirectly with any candidate to aid or  participate
   50  in  such  candidate's  nomination  or election[, other than any contrib-
   51  utions to any party committee or constituted committee]:
   52    a. In any election for a public office to be voted on by the voters of
   53  the entire state, or for nomination to any such office,  no  contributor
   54  may  make a contribution to any candidate or political committee, and no
   55  candidate or political committee may accept any  contribution  from  any
   56  contributor, which is in the aggregate amount greater than[:  (i) in the
       A. 4116                            18
    1  case of any nomination to public office, the product of the total number
    2  of  enrolled  voters  in  the  candidate's party in the state, excluding
    3  voters in inactive status, multiplied by $.005, but such amount shall be
    4  not  less  than four thousand dollars nor more than twelve] ONE thousand
    5  dollars [as increased or decreased by  the  cost  of  living  adjustment
    6  described  in  paragraph  c of this subdivision, and (ii) in the case of
    7  any election  to  a  public  office,  twenty-five  thousand  dollars  as
    8  increased  or  decreased  by  the cost of living adjustment described in
    9  paragraph c of this subdivision;  provided  however,  that  the  maximum
   10  amount  which  may be so contributed or accepted, in the aggregate, from
   11  any candidate's child, parent, grandparent, brother and sister, and  the
   12  spouse  of  any  such persons, shall not exceed in the case of any nomi-
   13  nation to public office an amount  equivalent  to  the  product  of  the
   14  number of enrolled voters in the candidate's party in the state, exclud-
   15  ing  voters  in inactive status, multiplied by $.025, and in the case of
   16  any election for a public office, an amount equivalent to the product of
   17  the number of registered voters in the state excluding voters  in  inac-
   18  tive status, multiplied by $.025].
   19    b.  In  any  other  election  for  party position or for election to a
   20  public office or for nomination for any such office, no contributor  may
   21  make  a  contribution  to  any  candidate  or political committee and no
   22  candidate or political committee may accept any  contribution  from  any
   23  contributor,  which is in the aggregate amount greater than[: (i) in the
   24  case of any election for party position, or  for  nomination  to  public
   25  office, the product of the total number of enrolled voters in the candi-
   26  date's  party  in  the  district  in  which he is a candidate, excluding
   27  voters in inactive status, multiplied by $.05, and (ii) in the  case  of
   28  any  election  for  a  public office, the product of the total number of
   29  registered voters in the district, excluding voters in inactive  status,
   30  multiplied  by $.05, however in the case of a nomination within the city
   31  of New York for the office of mayor,  public  advocate  or  comptroller,
   32  such  amount  shall be not less than four thousand dollars nor more than
   33  twelve thousand dollars as increased or decreased by the cost of  living
   34  adjustment  described in paragraph c of this subdivision; in the case of
   35  an election within the city of New York for the office of mayor,  public
   36  advocate  or  comptroller,  twenty-five thousand dollars as increased or
   37  decreased by the cost of living adjustment described in paragraph  c  of
   38  this  subdivision;  in  the case of a nomination for state senator, four
   39  thousand dollars as increased or decreased by the cost of living adjust-
   40  ment described in paragraph c of this subdivision; in  the  case  of  an
   41  election  for  state  senator, six thousand two hundred fifty dollars as
   42  increased or decreased by the cost of  living  adjustment  described  in
   43  paragraph  c  of  this  subdivision; in the case of an election or nomi-
   44  nation for a member of the  assembly,  twenty-five  hundred  dollars  as
   45  increased  or  decreased  by  the cost of living adjustment described in
   46  paragraph c of this subdivision; but in no event shall any such  maximum
   47  exceed  fifty  thousand  dollars  or  be less than one thousand dollars;
   48  provided however, that the maximum amount which may be so contributed or
   49  accepted, in the aggregate, from any candidate's child,  parent,  grand-
   50  parent,  brother  and  sister, and the spouse of any such persons, shall
   51  not exceed in the case of any election for party position or  nomination
   52  for  public office an amount equivalent to the number of enrolled voters
   53  in the candidate's party in the district in which  he  is  a  candidate,
   54  excluding  voters in inactive status, multiplied by $.25 and in the case
   55  of any election to public office, an amount equivalent to the number  of
   56  registered  voters in the district, excluding voters in inactive status,
       A. 4116                            19
    1  multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
    2  er, or in the case of a nomination or election of a state senator, twen-
    3  ty thousand dollars, whichever is greater, or in the  case  of  a  nomi-
    4  nation  or  election  of  a  member of the assembly twelve thousand five
    5  hundred dollars, whichever is greater, but in no event  shall  any  such
    6  maximum exceed] one [hundred] thousand dollars.
    7    c.  At the beginning of each fourth calendar year, commencing in nine-
    8  teen hundred ninety-five, the state board shall determine the percentage
    9  of the difference between the most  recent  available  monthly  consumer
   10  price  index  for  all  urban  consumers  published by the United States
   11  bureau of labor statistics and such consumer price index  published  for
   12  the  same  month  four years previously. The amount of each contribution
   13  limit fixed in this subdivision shall be adjusted by the amount of  such
   14  percentage  difference  to  the closest one hundred dollars by the state
   15  board which, not later than the first day of February in each such year,
   16  shall issue a regulation publishing the amount of each such contribution
   17  limit. Each contribution limit as so adjusted shall be the  contribution
   18  limit in effect for any election held before the next such adjustment.
   19    2.  For  purposes  of  this section, contributions other than of money
   20  shall be evaluated at their  fair  market  value.  The  state  board  of
   21  elections  shall  promulgate regulations, consistent with law, governing
   22  the manner of computing fair market value.
   23    3. [As used in this section the term "contributor" shall not include a
   24  party committee supporting the candidate of such party or a  constituted
   25  committee supporting the candidate of such party.
   26    4.] For purposes of this section, a portion of every contribution to a
   27  party  committee, expended as other than non-candidate expenditures, and
   28  a portion of every contribution to a political committee  authorized  to
   29  support  more  than  one candidate, shall be deemed contributed to every
   30  candidate supported by such committee. That portion shall be  determined
   31  by  allocating the contributions received by the committee among all the
   32  candidates supported by the committee in  accordance  with  any  formula
   33  based upon reasonable standards established by the committee. The state-
   34  ments  filed by such committee in accordance with this article shall set
   35  forth, in addition to the other information required to  be  set  forth,
   36  the  total  amount  received  by  the committee from each contributor on
   37  behalf of all such candidates and the amount of each  such  contribution
   38  allocated  to each candidate by dollar amount and percentage. Nothing in
   39  this subdivision shall  require  allocating  contributions  expended  on
   40  non-candidate expenditures to candidates.
   41    [5.  No  constituted  committee may expend, in any twelve month period
   42  terminating on the day of a general election, other than  as  non-candi-
   43  date  expenditures,  any  portion  of  any individual contribution which
   44  exceeds, in the case of a state committee, one-half of one cent for each
   45  registered voter in the state, or, in the case of any other  constituted
   46  committee,  the  greater  of  one  cent for each registered voter in the
   47  district in which the committee is organized or  five  hundred  dollars.
   48  The  number  of  such  voters shall be determined as of the date of such
   49  general election or as of the date of the general election in  whichever
   50  of the preceding four years shall result in the greatest number.
   51    6]  4.    a.  A loan made to a candidate or political committee, other
   52  than a constituted committee, by any person, firm, association or corpo-
   53  ration other than in the regular course of the lender's  business  shall
   54  be  deemed, to the extent not repaid by the date of the primary, general
   55  or special election, as the case may be, a contribution by such  person,
   56  firm, association or corporation.
       A. 4116                            20
    1    b.  A  loan  made  to a candidate or political committee, other than a
    2  constituted committee, by any person, firm, association  or  corporation
    3  in  the  regular course of the lender's business shall be deemed, to the
    4  extent not repaid by  the  date  of  the  primary,  general  or  special
    5  election,  as the case may be, a contribution by the obligor on the loan
    6  and by any other person endorsing, cosigning, guaranteeing,  collateral-
    7  izing or otherwise providing security for the loan.
    8    [7.  For  the  purposes  of  this section, the number of registered or
    9  enrolled voters shall be determined as  of  the  date  of  the  general,
   10  special or primary election, as the case may be or as of the date of the
   11  general  election  in  any  of  the preceding four years, whichever date
   12  shall result in the greatest number and candidates running  jointly  for
   13  the  offices of governor and lieutenant governor in a general or special
   14  election shall be deemed to be one candidate.
   15    8] 5.  Except as may otherwise be provided for  a  candidate  and  his
   16  family,  no  person  may contribute, loan or guarantee in excess of [one
   17  hundred  fifty]  TWENTY-FIVE  thousand  dollars  within  the  state   in
   18  connection with the nomination or election of persons to state and local
   19  public  offices  and party positions within the state of New York in any
   20  one calendar year. For the purposes of this subdivision "loan" or "guar-
   21  antee" shall mean a loan or guarantee which is not repaid or  discharged
   22  in the calendar year in which it is made.
   23    [10.  a.  No contributor may make a contribution to a party or consti-
   24  tuted committee and no such committee may accept a contribution from any
   25  contributor which, in the aggregate, is greater than sixty-two  thousand
   26  five hundred dollars per annum.
   27    b.  At the beginning of each fourth calendar year, commencing in nine-
   28  teen hundred ninety-five, the state board shall determine the percentage
   29  of the difference between the most  recent  available  monthly  consumer
   30  price  index  for  all  urban  consumers  published by the United States
   31  bureau of labor statistics and such consumer price index  published  for
   32  the  same  month  four years previously. The amount of such contribution
   33  limit fixed in paragraph a of this subdivision shall be adjusted by  the
   34  amount  of such percentage difference to the closest one hundred dollars
   35  by the state board which, not later than the first day  of  February  in
   36  each  such  year, shall issue a regulation publishing the amount of such
   37  contribution limit. Such contribution limit as so adjusted shall be  the
   38  contribution  limit in effect for any election held before the next such
   39  adjustment.]
   40    S 8. Section 3-100 of the election law is REPEALED and a  new  section
   41  3-100 is added to read as follows:
   42    S 3-100. STATE BOARD OF ELECTIONS.  1. THERE SHALL BE A STATE BOARD OF
   43  ELECTIONS  CONSISTING  OF FIVE MEMBERS. ONE MEMBER OF THE BOARD SHALL BE
   44  APPOINTED BY THE GOVERNOR, WHO SHALL  BE  THE  CHAIRPERSON,  ONE  MEMBER
   45  SHALL  BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE MEMBER
   46  SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE MEMBER  SHALL  BE
   47  APPOINTED  BY  THE SENATE MINORITY LEADER, ONE MEMBER SHALL BE APPOINTED
   48  BY THE ASSEMBLY MINORITY LEADER. THE MEMBERS SHALL FIRST BE APPOINTED TO
   49  SERVE AS FOLLOWS:
   50    (A) ONE MEMBER APPOINTED BY THE GOVERNOR, AS CHAIRPERSON, FOR  A  TERM
   51  OF FIVE YEARS;
   52    (B)  ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY FOR A TERM OF
   53  THREE YEARS;
   54    (C) ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE  FOR
   55  A TERM OF THREE YEARS;
       A. 4116                            21
    1    (D)  ONE  MEMBER APPOINTED BY THE SENATE MINORITY LEADER FOR A TERM OF
    2  TWO YEARS;
    3    (E) ONE MEMBER APPOINTED BY THE ASSEMBLY MINORITY LEADER FOR A TERM OF
    4  TWO YEARS.
    5    EACH TERM SHALL COMMENCE ON APRIL FIRST, TWO THOUSAND FOURTEEN.  THER-
    6  EAFTER,  EACH MEMBER SHALL BE APPOINTED FOR A TERM OF FIVE YEARS ACCORD-
    7  ING TO THE ORIGINAL MANNER OF APPOINTMENT. IN CASE OF A VACANCY  IN  THE
    8  OFFICE OF A MEMBER, A MEMBER SHALL BE APPOINTED TO SERVE FOR THE REMAIN-
    9  DER  OF  THE UNEXPIRED TERM ACCORDING TO THE ORIGINAL MANNER OF APPOINT-
   10  MENT. EACH MEMBER SHALL BE A RESIDENT OF THE STATE, REGISTERED  TO  VOTE
   11  THEREIN. EACH MEMBER SHALL AGREE NOT TO MAKE CONTRIBUTIONS TO ANY CANDI-
   12  DATE  FOR  NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVER-
   13  NOR, LIEUTENANT GOVERNOR, COMPTROLLER, ATTORNEY GENERAL OR MEMBER OF THE
   14  LEGISLATURE.  NO MEMBER SHALL SERVE AS AN OFFICER OF A  POLITICAL  PARTY
   15  OR  BE  A  CANDIDATE  OR  PARTICIPATE IN ANY CAPACITY IN A CAMPAIGN BY A
   16  CANDIDATE FOR NOMINATION FOR ELECTION  OR  ELECTION  TO  THE  OFFICE  OF
   17  GOVERNOR,  LIEUTENANT  GOVERNOR, COMPTROLLER, ATTORNEY GENERAL OR MEMBER
   18  OF THE LEGISLATURE.  OFFICERS AND EMPLOYEES OF THE STATE  OR  ANY  STATE
   19  AGENCY, LOBBYISTS REQUIRED TO FILE A STATEMENT OF REGISTRATION UNDER THE
   20  LOBBYING  ACT  AND THE EMPLOYEES OF SUCH LOBBYISTS SHALL NOT BE ELIGIBLE
   21  TO BE MEMBERS OF THE BOARD.   MEMBERS OF THE  BOARD  SHALL  BE  SELECTED
   22  SOLELY ON THE BASIS OF MERIT AND WITHOUT REGARD TO POLITICAL AFFILIATION
   23  AND  SHALL  NOT BE DISQUALIFIED FROM CONTINUING IN OFFICE FOR ANY REASON
   24  OTHER THAN UNFITNESS OR INABILITY TO PERFORM THE DUTIES INVOLVED.
   25    2. THE MEMBERS OF THE BOARD SHALL BE COMPENSATED AT THE  RATE  OF  ONE
   26  HUNDRED DOLLARS PER CALENDAR DAY WHEN PERFORMING THE WORK OF THE BOARD.
   27    3. THE BOARD MAY EMPLOY NECESSARY STAFF, INCLUDING AN EXECUTIVE DIREC-
   28  TOR  AND A COUNSEL, AND MAKE NECESSARY EXPENDITURES SUBJECT TO APPROPRI-
   29  ATION. THE BOARD MAY EMPLOY SUCH STAFF, INCLUDING LEGAL  AND  ACCOUNTING
   30  STAFF,  AS  ARE NECESSARY FOR PROVIDING TECHNICAL ASSISTANCE TO PROSPEC-
   31  TIVE AND PARTICIPATING CANDIDATES, FOR THE PURPOSE OF  PROMOTING  UNDER-
   32  STANDING  OF,  PARTICIPATION IN, AND COMPLIANCE WITH THE REQUIREMENTS OF
   33  THE CAMPAIGN FINANCE PROGRAM CREATED BY ARTICLE FOURTEEN-A OF THIS CHAP-
   34  TER.
   35    4. NO MEMBER OF THE BOARD SHALL BE  REMOVED  FROM  OFFICE  EXCEPT  FOR
   36  CAUSE AND UPON NOTICE AND HEARING.
   37    S  9.  Section  3-104  of  the election law is amended by adding a new
   38  subdivision 3-a to read as follows:
   39    3-A. IF AFTER AN INVESTIGATION, THE STATE  BOARD  OF  ELECTIONS  FINDS
   40  REASONABLE CAUSE TO BELIEVE THAT A VIOLATION OF ARTICLE FOURTEEN OF THIS
   41  CHAPTER  HAS TAKEN PLACE, IT MAY INSTITUTE AN ADJUDICATORY PROCEEDING IN
   42  ACCORDANCE WITH SECTION 3-105 OF THIS TITLE FOR THE PURPOSE OF DETERMIN-
   43  ING WHETHER OR NOT A VIOLATION HAS TAKEN PLACE  AND  ASSESSING  A  CIVIL
   44  PENALTY PURSUANT TO SECTION 14-126 OF THIS CHAPTER.
   45    S  10. Subdivision 4 of section 3-104 of the election law, as redesig-
   46  nated by chapter 9 of the laws of 1978, is amended to read as follows:
   47    4. The state [or other] board of  elections  may,  where  appropriate,
   48  commence a judicial proceeding [with respect to the filing or failure to
   49  file  any  statement  of receipts, expenditures, or contributions, under
   50  the provisions] SEEKING CIVIL PENALTIES PURSUANT TO SUBDIVISION  ONE  OF
   51  SECTION  14-126  of  this chapter[, and the state board of elections may
   52  direct the  appropriate  other  board  of  elections  to  commence  such
   53  proceeding].
   54    S  11.  The  election  law is amended by adding a new section 3-109 to
   55  read as follows:
       A. 4116                            22
    1    S 3-109. ADJUDICATORY PROCEEDING.  1. EXCEPT AS OTHERWISE PROVIDED  IN
    2  THIS  SECTION,  AN ADJUDICATORY PROCEEDING TO DETERMINE WHETHER OR NOT A
    3  VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER HAS  TAKEN  PLACE  AND  TO
    4  ASSESS  A CIVIL PENALTY PURSUANT TO SECTION 14-126 OF THIS CHAPTER SHALL
    5  BE  CONDUCTED  IN ACCORDANCE WITH ARTICLE THREE OF THE STATE ADMINISTRA-
    6  TIVE PROCEDURE ACT.
    7    2. SUCH PROCEEDING SHALL BE CONDUCTED BY A HEARING OFFICER SELECTED ON
    8  A RANDOM BASIS BY THE STATE BOARD OF ELECTIONS FROM AN ACTIVE LIST OF AT
    9  LEAST SIX ATTORNEYS WHO HAVE APPLIED FOR AND BEEN APPROVED BY THE  BOARD
   10  AS  HEARING  OFFICERS.  SUCH  HEARING  OFFICER SHALL BE A STATE BOARD OF
   11  ELECTIONS COMMISSIONER OR AN INDEPENDENT CONTRACTOR WHO SHALL BE COMPEN-
   12  SATED ON A PER DIEM BASIS AT A RATE FIXED BY  THE  BOARD  IN  ITS  REGU-
   13  LATIONS PROMULGATED PURSUANT TO THIS SECTION.
   14    3.  THE HEARING OFFICER SHALL PREPARE AND SUBMIT TO THE STATE BOARD OF
   15  ELECTIONS, TOGETHER WITH THE ENTIRE RECORD OF THE PROCEEDING, A  WRITTEN
   16  REPORT  CONTAINING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDA-
   17  TIONS CONCERNING THE IMPOSITION OF A CIVIL PENALTY.
   18    4. AFTER REVIEWING THE RECORD, FINDINGS, AND  RECOMMENDATIONS  OF  THE
   19  HEARING OFFICER, THE STATE BOARD SHALL MAKE A DETERMINATION AS TO WHETH-
   20  ER  OR  NOT A VIOLATION HAS OCCURRED AND, WHENEVER APPROPRIATE, IMPOSE A
   21  PENALTY CONSISTENT WITH SECTION 14-126 OF THIS  CHAPTER.  REGARDLESS  OF
   22  WHETHER OR NOT A PENALTY IS ASSESSED, THE STATE BOARD OF ELECTIONS SHALL
   23  ISSUE  A  WRITTEN  DETERMINATION  SETTING FORTH ITS FINDINGS AND CONCLU-
   24  SIONS.
   25    5. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGULATIONS
   26  TO IMPLEMENT THE PROVISIONS OF THIS SECTION AND SUBDIVISION  THREE-A  OF
   27  SECTION  3-104  OF THIS TITLE, INCLUDING, BUT NOT LIMITED TO, PROCEDURAL
   28  RULES AS PROVIDED FOR IN SUBDIVISION THREE OF SECTION THREE HUNDRED  ONE
   29  OF  THE  STATE ADMINISTRATIVE PROCEDURE ACT, FACTORS TO BE CONSIDERED IN
   30  SETTING A PENALTY AMOUNT PURSUANT TO SUBDIVISION ONE OF  SECTION  14-126
   31  OF  THIS CHAPTER, A PER DIEM COMPENSATION RATE FOR HEARING OFFICERS, AND
   32  ANY QUALIFICATIONS FOR HEARING OFFICERS WHICH THE BOARD DEEMS  NECESSARY
   33  IN  ORDER  TO INSURE THEIR OBJECTIVITY AND INDEPENDENCE. CONCERNING SUCH
   34  QUALIFICATIONS, THE RULES AND REGULATIONS SHALL PROVIDE, AT  A  MINIMUM,
   35  THAT  HEARING  OFFICERS  BE  MEMBERS IN GOOD STANDING OF THE BAR OF THIS
   36  STATE, THAT THEY REFRAIN  FROM  APPEARING  BEFORE  THE  STATE  BOARD  OF
   37  ELECTIONS  OR  FROM  ANY ACTIVITIES AS A LOBBYIST, AND THAT THEY HOLD NO
   38  PUBLIC OFFICE OR PARTY POSITION.
   39    6. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING ANY EXISTING
   40  POWERS OF THE STATE BOARD OF ELECTIONS, INCLUDING, BUT NOT  LIMITED  TO,
   41  ITS  INVESTIGATIVE  POWERS  AND ITS POWER TO REFER VIOLATIONS WARRANTING
   42  CRIMINAL PROSECUTION TO THE APPROPRIATE DISTRICT ATTORNEY.
   43    S 12. If any section of this act or any part thereof shall be adjudged
   44  by any court of competent jurisdiction  to  be  invalid,  such  judgment
   45  shall  not  affect,  impair  or  invalidate  the  remainder or any other
   46  section or part thereof.
   47    S 13. This act shall take effect on the first of January next succeed-
   48  ing the date on which it shall have become a law.