 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7593
 
                    IN SENATE
 
                                    January 29, 2018
                                       ___________
 
        Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
          and when printed to be committed to the Committee on Elections
 
        AN ACT to amend the election law, in  relation  to  enacting  the  "fair
          elections  act";  to amend the election law, the state finance law and
          the tax law, in relation to  providing  for  optional  partial  public
          financing  of  certain  election campaigns in this state; and to amend
          the general business law, in relation to additional surcharges
 
          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 "fair elections act".
     3    § 2. Legislative findings and declarations. The  legislature  declares
     4  that  is  in the public interest to create and ensure a truly democratic
     5  political system  in  which  citizens,  irrespective  of  their  income,
     6  status,  or financial connections, are enabled and encouraged to compete
     7  for public office.   Therefore, the legislature finds  it  necessary  to
     8  establish  a system of public financing for all qualified candidates for
     9  state elective offices  and  constitutional  convention  delegates.  The
    10  legislature further finds that a new system of public financing would be
    11  best  administered by a new "fair elections board" empowered with effec-
    12  tive oversight and enforcement capabilities dedicated  to  working  with
    13  and assisting candidates excel in the public financing system.
    14    §  3.  Section  3-102 of the election law is amended by adding two new
    15  subdivisions 3-a and 16-b to read as follows:
    16    3-a. notwithstanding subdivision  three  of  this  section,  the  fair
    17  elections board enforcement counsel, established pursuant to subdivision
    18  six  of  section 14-216 of this chapter, as it may deem necessary, after
    19  the fair elections board has considered the matter or matters  in  ques-
    20  tion shall conduct any investigation necessary to enforce the provisions
    21  of  title two of article fourteen of this chapter on behalf of the board
    22  of elections.   Such investigations shall  be  kept  confidential  until
    23  brought to the fair elections board for review and consideration.
    24    16-b.  hear  and  consider  the  recommendations of the fair elections
    25  board enforcement counsel regarding the  enforcement  of  violations  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02775-02-8

        S. 7593                             2
 
     1  title two of article fourteen of this chapter, as it may deem necessary,
     2  after  the  fair elections board has considered the matter or matters in
     3  question;
     4    §  4. Subdivision 1 of section 3-104 of the election law is amended by
     5  adding a new paragraph (a-1) to read as follows:
     6    (a-1) There shall also be a unit known as the fair elections  enforce-
     7  ment unit established within the fair elections board.  The head of such
     8  unit  shall  be  the  enforcement  counsel.    Such unit shall have sole
     9  authority within the state board of  elections  to  investigate  alleged
    10  violations and complaints arising under title two of article fourteen of
    11  this chapter.
    12    § 5. Section 3-104 of the election law is amended by adding twelve new
    13  subdivisions 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 to read as
    14  follows:
    15    9.  If  the  fair election board enforcement counsel determines that a
    16  violation of title two of article fourteen of this chapter has  occurred
    17  which could warrant a civil penalty, the enforcement counsel shall, upon
    18  his  or  her  discretion, seek to resolve the matter extra-judicially or
    19  commence a special proceeding in the supreme court pursuant  to  section
    20  16-114 of this chapter.
    21    10.    Upon receipt of a complaint and supporting information alleging
    22  any other violation of title two of article fourteen  of  this  chapter,
    23  the fair elections board enforcement counsel shall analyze the complaint
    24  to  determine  if  an  investigation  should  be  undertaken.  The  fair
    25  elections board enforcement counsel shall, if necessary,  request  addi-
    26  tional information from the complainant to assist such counsel in making
    27  this  determination. Such analysis shall be confidential and include the
    28  following: first, whether the allegations, if true, would  constitute  a
    29  violation  of  article fourteen of this chapter and, second, whether the
    30  allegations are supported by credible evidence.
    31    11. If the fair elections board enforcement  counsel  determines  that
    32  the  allegations, if true, would not constitute a violation of title two
    33  of article fourteen of this chapter or  that  the  allegations  are  not
    34  supported  by  credible  evidence, he or she shall issue a letter to the
    35  complainant dismissing the complaint.
    36    12. If the fair elections board enforcement  counsel  determines  that
    37  the  allegations,  if true, would constitute a violation of title two of
    38  article fourteen of this chapter and that the allegations appear  to  be
    39  supported  by  credible  evidence,  he  or  she  shall  notify  the fair
    40  elections board of (a) his or her intent to resolve the matter extra-ju-
    41  dicially due to the de minimus nature of the violation; or  (b)  his  or
    42  her  intent  to  commence  an  investigation,  no  later  than  the fair
    43  elections board's next regularly scheduled meeting.  Notification  shall
    44  summarize  the  relevant  facts and the applicable law and shall, to the
    45  extent possible, protect from public  disclosure  the  identity  of  the
    46  complainant and the individual subject to the complaint.  In determining
    47  whether  a  violation  is  de  minimus in nature the enforcement counsel
    48  shall  consider  the  following  factors:  (a)  whether  any  unforeseen
    49  extraordinary  circumstances, such as a natural disaster, contributed to
    50  the violation alleged in the complaint; (b)  whether  the  participating
    51  candidate or such candidate's campaign treasurer exercised due diligence
    52  to  abide  by the applicable rules; (c) whether the participating candi-
    53  date or such candidate's campaign treasurer has used such candidate's or
    54  treasurer's personal funds to remedy any alleged violations or reimburse
    55  the candidate's committee for any  alleged  improper  expenditures;  (d)
    56  whether  the participating candidate or such candidate's campaign treas-

        S. 7593                             3

     1  urer agrees to pay any penalties assessed by the board  in  relation  to
     2  any  potential  excess  expenditure;  and (e) whether the subject of the
     3  complaint has made a good faith effort to correct any alleged violation.
     4    13.  If,  upon  considering the fair elections board enforcement coun-
     5  sel's notice of intent to commence an investigation, the fair  elections
     6  board  believes  that  the  allegations, if true, would not constitute a
     7  violation of article fourteen of this chapter, or  the  allegations  are
     8  not  supported  by  credible  evidence or, that on balance, the equities
     9  favor a dismissal of the complaint, the board shall publicly direct that
    10  an investigation not be undertaken no later than sixty  days  after  the
    11  receipt  of notification from the fair elections board enforcement coun-
    12  sel of his or her intent to commence an investigation.   In  determining
    13  whether  the  equities  favor  a  dismissal  of  the complaint, the fair
    14  elections board shall consider the following factors:  (a)  whether  the
    15  complaint  alleges  a  de  minimus violation of article fourteen of this
    16  chapter; (b) whether the subject of the complaint has made a good  faith
    17  effort  to  correct  the  violation;  and (c) whether the subject of the
    18  complaint has a history of similar violations.   Determinations  of  the
    19  fair  elections  board  to  dismiss  a  complaint and not proceed with a
    20  formal investigation shall be voted  upon  as  provided  in  subdivision
    21  twelve  of section 14-216 of this chapter at an open meeting pursuant to
    22  article seven of the public officers law, and shall be made  on  a  fair
    23  and  equitable  basis and without regard to the status of the subject of
    24  the complaint.
    25    14. Absent a timely determination by the fair elections board that  an
    26  investigation shall not be undertaken, the fair elections board enforce-
    27  ment  counsel  shall commence an investigation on a timely basis. If the
    28  fair elections board  enforcement  counsel  determines  that  additional
    29  investigative powers, as provided for in subdivisions four, five and six
    30  of  section  3-102  of  this title, are needed to complete the counsel's
    31  investigation, he or she  shall  request,  upon  approval  of  the  fair
    32  elections  board,  such  additional  powers  from  the  state  board  of
    33  elections. Such powers shall be granted  by  the  board  in  public,  as
    34  provided  in  subdivision four of section 3-100 of this title, only when
    35  the board finds that further investigation is warranted and justified.
    36    15. At the conclusion of its investigation, the fair  elections  board
    37  enforcement  counsel shall provide the fair elections board with a writ-
    38  ten recommendation as to:  (a)  whether  substantial  reason  exists  to
    39  believe a violation of title two of article fourteen of this chapter has
    40  occurred  and,  if  so,  the  nature of the violation and any applicable
    41  penalty, as defined in section 14-126, 14-220 or 14-222 of this chapter,
    42  based on the nature of the violation; (b) whether the matter  should  be
    43  resolved  extra-judicially;  (c)  whether a special proceeding should be
    44  commenced in the supreme court to  recover  a  civil  penalty;  and  (d)
    45  whether a referral should be made to a district attorney or the attorney
    46  general  pursuant  to  subdivision  seventeen  of  this  section because
    47  reasonable cause exists to believe a violation warranting criminal pros-
    48  ecution has taken place.
    49    16. The fair elections  board  shall  accept,  modify  or  reject  the
    50  enforcement  counsel's  recommendation  no  later  than sixty days after
    51  receipt of such recommendation.  In making its determination, the  board
    52  shall  again  consider:  (a)  whether the complaint alleges a de minimus
    53  violation of article fourteen of this chapter; (b) whether  the  subject
    54  of  the complaint has made a good faith effort to correct the violation;
    55  and (c) whether the subject of the complaint has a  history  of  similar
    56  violations.  All  such determinations shall be voted upon as provided in

        S. 7593                             4
 
     1  subdivision twelve of section 14-216 of this chapter at an open  meeting
     2  pursuant  to article seven of the public officers law, and shall be made
     3  on a fair and equitable basis, without  regard  to  the  status  of  the
     4  subject of the complaint.
     5    17.  (a) If the fair elections board determines, as provided in subdi-
     6  vision sixteen of  this  section,  that  substantial  reason  exists  to
     7  believe  that  a  person, acting as or on behalf of a candidate or poli-
     8  tical committee under circumstances evincing an intent to  violate  such
     9  law,  has unlawfully accepted a contribution in excess of a contribution
    10  limitation established in title two of article fourteen of this chapter,
    11  which could warrant a civil penalty as provided for in subdivision three
    12  of section 14-126 or subdivision two of section 14-222 of this  chapter,
    13  the  board  shall direct the commencement of a special proceeding in the
    14  supreme court.
    15    (b) If the fair elections board determines, as provided in subdivision
    16  sixteen of this section  that  reasonable  cause  exists  to  believe  a
    17  violation  of  title  two of article fourteen of this chapter warranting
    18  criminal prosecution has taken place, the board shall refer  the  matter
    19  to  a district attorney and shall make available to such district attor-
    20  ney all papers, documents, testimony and findings relevant to its inves-
    21  tigation.  Where reasonable cause exists to believe that a candidate for
    22  the office of attorney general has violated title two of  article  four-
    23  teen  of  this chapter, the board shall refer the matter to the district
    24  attorney of the appropriate county.
    25    (c) If the fair elections board determines, as provided in subdivision
    26  sixteen of this section  that  reasonable  cause  exists  to  believe  a
    27  violation  of  title two of article fourteen of this chapter, warranting
    28  criminal prosecution  has  taken  place,  the  board  shall,  except  as
    29  provided  in  paragraph (b) of this subdivision, refer the matter to the
    30  attorney general and shall make available to the same all papers,  docu-
    31  ments, testimony and findings relevant to its investigation.
    32    18.  Upon notification that a special proceeding has been commenced by
    33  a party other than the fair elections board, pursuant to section  16-114
    34  of  this  chapter,  the  fair  elections  board  shall  direct  the fair
    35  elections  board  enforcement  counsel  to   investigate   the   alleged
    36  violations unless otherwise directed by the court.
    37    19.  The  fair  elections  board  enforcement  counsel shall prepare a
    38  report, to be included in the annual report to the governor and legisla-
    39  ture, summarizing the activities of the unit during the  previous  year.
    40  Such  report  shall include: (i) the number of complaints received; (ii)
    41  the number of complaints that were found to need investigation  and  the
    42  nature of each complaint; and (iii) the number of matters that have been
    43  resolved.    The  report  shall  not  contain  any information for which
    44  disclosure is not permitted.
    45    20. The fair elections board  may  promulgate  rules  and  regulations
    46  consistent with law to effectuate the provisions of this section.
    47    §  6.  The state of New York shall appropriate during each fiscal year
    48  to the New York state fair elections board enforcement  unit,  not  less
    49  than thirty-five percent of the appropriation available from the general
    50  fund  for  the  state board of elections to pay for the expenses of such
    51  enforcement unit.    Notwithstanding  section  fifty-one  of  the  state
    52  finance law, such funding shall not be decreased by interchange with any
    53  other appropriation.
    54    § 7. The election law is amended by adding a new section 3-111 to read
    55  as follows:

        S. 7593                             5
 
     1    § 3-111. Personal use of campaign funds. Upon written request from any
     2  person  who  is  subject  to  the requirements of section 14-130 of this
     3  chapter, the fair elections board shall render formal and advisory opin-
     4  ions on the requirements of said provision. An opinion rendered  by  the
     5  board,  until  and  unless  amended  or revoked, shall be binding on the
     6  board in any subsequent proceeding concerning the person  who  requested
     7  the  opinion  and  who acted in good faith and reliance on such opinion,
     8  unless material facts were omitted or misstated by  the  person  in  the
     9  request  for  an  opinion.  Such opinion may also be relied upon by such
    10  person, and may be introduced and shall be defense in  any  criminal  or
    11  civil  action.  Such  request shall be confidential, but the board shall
    12  publish such opinions provided that the name of  the  requesting  person
    13  and other identifying details shall not be included in the publication.
    14    §  8.  Section  14-100  of the election law is amended by adding a new
    15  subdivision 17 to read as follows:
    16    17. "intermediary"  means  an  individual,  corporation,  partnership,
    17  political  committee,  labor  organization, or other entity which, other
    18  than in the regular course of business as a postal, delivery, or messen-
    19  ger service, delivers any contribution from another person or entity  to
    20  a candidate or an authorized committee.
    21    "Intermediary"  shall  not  include  spouses,  parents,  children,  or
    22  siblings of the person making such contribution.
    23    § 9. Subdivision 1 of section 14-102 of the election law,  as  amended
    24  by  chapter  8  and as redesignated by chapter 9 of the laws of 1978, is
    25  amended to read as follows:
    26    1. The treasurer of every political committee which, or  any  officer,
    27  member  or  agent  of  any  such  committee  who, in connection with any
    28  election, receives or expends any  money  or  other  valuable  thing  or
    29  incurs  any  liability  to pay money or its equivalent shall file state-
    30  ments sworn, or subscribed and bearing a form notice that  false  state-
    31  ments  made  therein are punishable as a class A misdemeanor pursuant to
    32  section 210.45 of the penal law, at the times prescribed by this  [arti-
    33  cle]  title  setting  forth  all  the receipts, contributions to and the
    34  expenditures by and liabilities of the committee, and of  its  officers,
    35  members  and  agents  in  its  behalf. Such statements shall include the
    36  dollar amount of any receipt, contribution  or  transfer,  or  the  fair
    37  market  value  of  any receipt, contribution or transfer, which is other
    38  than of money, the name and  address  of  the  transferor,  contributor,
    39  intermediary,  or  person  from  whom  received,  and if the transferor,
    40  contributor, intermediary, or person is a political committee; the  name
    41  of  and the political unit represented by the committee, the date of its
    42  receipt, the dollar amount of every expenditure, the name and address of
    43  the person to whom it was made or the name of  and  the  political  unit
    44  represented  by the committee to which it was made and the date thereof,
    45  and shall state clearly the purpose of such expenditure. An intermediary
    46  need not be reported for  a  contribution  that  was  collected  from  a
    47  contributor  in connection with a party or other candidate-related event
    48  held at the residence of the person delivering the contribution,  unless
    49  the  expenses  of such event at such residence for such candidate exceed
    50  five hundred dollars or the aggregate contributions received  from  that
    51  contributor  at  such  event  exceed five hundred dollars. Any statement
    52  reporting a loan shall have attached to it a copy  of  the  evidence  of
    53  indebtedness.  Expenditures  in  sums  under  fifty  dollars need not be
    54  specifically accounted for by separate items  in  said  statements,  and
    55  receipts   and  contributions  aggregating  not  more  than  ninety-nine
    56  dollars, from any one contributor need not be specifically accounted for

        S. 7593                             6
 
     1  by separate items  in  said  statements,  provided  however,  that  such
     2  expenditures,  receipts  and contributions shall be subject to the other
     3  provisions of section 14-118 of this [article] title.
     4    §  10. Section 14-110 of the election law, as amended by chapter 46 of
     5  the laws of 1984, is amended to read as follows:
     6    § 14-110. Place for filing  statements.  The  places  for  filing  the
     7  statements required by this article shall be determined by rule or regu-
     8  lation  of  the  state  board  of elections; provided, however, that the
     9  statements of a candidate for election to the office of governor,  lieu-
    10  tenant  governor,  attorney general, comptroller, member of the legisla-
    11  ture, delegate to a constitutional convention, justice  of  the  supreme
    12  court or for nomination for any such office at a primary election and of
    13  any  committee  aiding  or  taking  part in the designation, nomination,
    14  election or defeat of candidates for one or  more  of  such  offices  or
    15  promoting  the  success  or  defeat  of a question to be voted on by the
    16  voters of the entire state shall  be  filed  with  the  state  board  of
    17  elections  and in such other places as the state board of elections may,
    18  by rule or  regulation  provide.    Upon  filing,  the  state  board  of
    19  elections  shall  make  all statements filed therewith readily available
    20  and accessible to the fair elections board.
    21    § 11. Section 14-112 of the election law, as amended by section  8  of
    22  part  A  of  chapter  286  of  the  laws  of 2016, is amended to read as
    23  follows:
    24    § 14-112. Political committee authorization statement.  Any  political
    25  committee  aiding  or  taking  part in the election or nomination of any
    26  candidate, other than a political action committee, shall file,  in  the
    27  office  in which the statements of such committee are to be filed pursu-
    28  ant to this [article] title, either a sworn verified  statement  by  the
    29  treasurer  of such committee that the candidate has authorized the poli-
    30  tical committee to aid or take part in his election or that  the  candi-
    31  date  has  not  authorized  the  committee  to  aid  or take part in his
    32  election.
    33    § 12. Section 14-116 of the election law, subdivision  1  as  redesig-
    34  nated  by  chapter 9 of the laws of 1978 and subdivision 2 as amended by
    35  chapter 260 of the laws of 1981, is amended to read as follows:
    36    § 14-116. Political contributions by certain  organizations.  1.    No
    37  corporation,  limited liability company or joint-stock association doing
    38  business in this state, except [a corporation or association] an  entity
    39  organized  or  maintained for political purposes only, shall directly or
    40  indirectly pay or use or offer, consent or agree to pay or use any money
    41  or property for or in aid of any political party, committee or organiza-
    42  tion, or for, or in aid of, any corporation, limited liability  company,
    43  joint-stock  or  other association organized or maintained for political
    44  purposes, or for, or in aid of, any candidate for  political  office  or
    45  for  nomination  for such office, or for any political purpose whatever,
    46  or for the reimbursement or indemnification of any person for moneys  or
    47  property so used. Any officer, director, stock-holder, attorney or agent
    48  of any corporation, limited liability company or joint-stock association
    49  which  violates  any of the provisions of this section, who participates
    50  in, aids, abets or advises or consents to any such violations,  and  any
    51  person  who  solicits  or  knowingly  receives  any money or property in
    52  violation of this section, shall be guilty of a misdemeanor.
    53    2. Notwithstanding the provisions of subdivision one of this  section,
    54  any  corporation or an organization financially supported in whole or in
    55  part, by such corporation, and any limited liability  company  may  make
    56  expenditures,  including contributions, not otherwise prohibited by law,

        S. 7593                             7
 
     1  for political purposes, in an amount not to exceed five thousand dollars
     2  in the aggregate in any calendar year; provided that no  public  utility
     3  shall  use revenues received from the rendition of public service within
     4  the  state  for contributions for political purposes unless such cost is
     5  charged to the shareholders of such a public service corporation.
     6    § 13. Subdivision 3 of section 14-124 of the election law, as  amended
     7  by section 1 of part B of chapter 286 of the laws of 2016, is amended to
     8  read as follows:
     9    3. The contribution and receipt limits of this article shall not apply
    10  to monies received and expenditures made by a party committee or consti-
    11  tuted committee to maintain a permanent headquarters and staff and carry
    12  on  ordinary activities which are not for the express purpose of promot-
    13  ing the candidacy of specific  candidates;  provided  that  such  monies
    14  described  in  this  subdivision  shall  be  deposited  in  a segregated
    15  account. Provided that the funds described in this subdivision shall  be
    16  prohibited  from  being transferred. Provided further, that expenditures
    17  made by a party committee  or  constituted  committee  for  a  political
    18  communication  in  accordance  with  the  provisions of this subdivision
    19  shall not include the name,  likeness  or  voice  of  any  candidate  or
    20  elected official.
    21    §  13-a.  Sections 14-100 through 14-132 of article 14 of the election
    22  law are designated title 1 and a new title heading is added to  read  as
    23  follows:
    24                     CAMPAIGN RECEIPTS AND EXPENDITURES
    25    §  14.   The election law is amended by adding a new section 14-134 to
    26  read as follows:
    27    § 14-134. Use of contributions in violation of  federal  postal  regu-
    28  lations  prohibited.  No  party  or constituted committee which has been
    29  designated as a not-for-profit organization by the United States  Inter-
    30  nal  Revenue  Service  shall  make  expenditures,  of direct or indirect
    31  contributions or transfers received by such committee, in  violation  of
    32  United States Postal Service regulations.
    33    §  14-a. The  article  heading  of  article  14 of the election law is
    34  amended to read as follows:
    35           CAMPAIGN RECEIPTS AND EXPENDITURES; MATCHING FINANCING
    36    § 15.  Article 14 of the election law is amended by adding a new title
    37  2 to read as follows:
    38                                  TITLE II
    39                              PUBLIC FINANCING
    40  Section 14-200. Applicability of title.
    41          14-202. Definitions.
    42          14-204. Reporting requirements.
    43          14-206. Eligibility.
    44          14-208. Qualified campaign expenditures.
    45          14-210. Optional public financing.
    46          14-212. Contribution and receipt limitations.
    47          14-214. Limitations on the receipt of public funds.
    48          14-216. Fair elections board; general powers and duties.
    49          14-218. Examinations and audits.
    50          14-220. Civil enforcement.
    51          14-222. Criminal penalties.
    52          14-224. Reports.
    53          14-226. Debates.
    54          14-228. Distributions from fair elections fund.

        S. 7593                             8
 
     1    § 14-200. Applicability of title. This title shall only apply to those
     2  candidates who elect to participate in  the  optional  public  financing
     3  system.
     4    §  14-202.  Definitions. As used in this title, unless another meaning
     5  is clearly indicated:
     6    1. The term "board" or "fair elections board" means the board  created
     7  by section 14-216 of this title to administer the fair elections fund.
     8    2. The term "eligible candidate" shall mean a candidate for nomination
     9  or  election  to  any  of  the offices of governor, lieutenant governor,
    10  comptroller, attorney general, member of the state legislature, at-large
    11  delegate to a  constitutional  convention  or  district  delegate  to  a
    12  constitutional convention.
    13    3.  The  term "participating committee" shall mean a single authorized
    14  political committee which a candidate certifies is  the  committee  that
    15  will solely be used to participate in the public financing system estab-
    16  lished by this title after January first of the year in which the prima-
    17  ry, general or special election is held for the public office sought.  A
    18  multi-candidate committee may not be a participating committee.
    19    4.  The  term  "participating candidate" shall mean a candidate who is
    20  eligible to participate in the optional public financing  system  estab-
    21  lished  by  this  title,  has  met the threshold for eligibility and has
    22  elected to participate in the public financing system.
    23    5. The term "nonparticipating candidate" shall mean  a  candidate  for
    24  any office eligible for optional public financing under this title for a
    25  covered election who fails to file a statement in the form of an affida-
    26  vit pursuant to section 14-210 of this title.
    27    6.  The  term "matchable contributions" shall mean that portion of the
    28  aggregate contributions made (a) in the case of  a  primary  or  general
    29  election, after January first of the year in which the primary or gener-
    30  al election is held for the public office sought or (b) in the case of a
    31  special  election, within six months of such election by natural persons
    32  resident in the state of New York  to  a  candidate  for  nomination  or
    33  election  to  any of the offices covered by the provisions of this title
    34  which do not exceed two hundred fifty dollars, which have been  reported
    35  in full by the candidate's participating committee to the fair elections
    36  board,  including the contributor's full name and residential address. A
    37  loan may not be treated as a  matchable  contribution.    The  following
    38  contributions are not matchable:
    39    (a) in-kind contributions of property, goods, or services;
    40    (b)  contributions  in the form of the purchase price paid for an item
    41  with significant intrinsic and enduring value;
    42    (c) contributions in the form of the purchase price paid for or other-
    43  wise induced by a chance to participate in a raffle, lottery, or similar
    44  drawing for valuable prizes;
    45    (d) money order contributions from any one contributor  that  are,  in
    46  the aggregate, greater than one hundred dollars;
    47    (e) contributions from individuals under the age of eighteen years;
    48    (f)  contributions  from  individual vendors to whom the participating
    49  candidate or his or her principal committee  makes  an  expenditure,  in
    50  furtherance  of  the  nomination for election or election covered by the
    51  candidate's certification, unless such  expenditure  is  reimbursing  an
    52  advance.
    53    (g)  All  contributions  received  between  the  day after the general
    54  election in which the participating candidate is seeking office and  the
    55  thirty-first  day  of  December of the year before the year in which the
    56  next general election is to be held, inclusively.

        S. 7593                             9
 
     1    7. The term "qualified campaign expenditure" shall mean an expenditure
     2  for which public funds may be used.
     3    8.  The  term "fund" shall mean the New York state fair elections fund
     4  created by section ninety-two-y of the state finance law.
     5    9. The term "threshold for eligibility" shall mean the amount of total
     6  matchable contributions that the participating committee of an otherwise
     7  eligible candidate must receive, as required by section 14-206  of  this
     8  title,  in  order  to  qualify for optional public financing pursuant to
     9  this title.
    10    10. The term "contribution" shall have the same meaning as in subdivi-
    11  sion nine of section 14-100 of this article.
    12    11. The term "election cycle" shall mean the two year period  starting
    13  the  day  after  the  last general election for candidates for the state
    14  legislature and shall mean the four year period starting after  the  day
    15  after the last general election for candidates for statewide office.
    16    §  14-204.  Reporting  requirements.  1. Every participating candidate
    17  shall not designate more than one authorized committee. Before receiving
    18  any contribution or making any expenditure for a covered election,  each
    19  participating  candidate shall notify the fair elections board as to the
    20  existence of his or her authorized committee that  has  been  designated
    21  and  approved  by  such candidate. Each such authorized committee shall,
    22  before opening a committee bank account, receiving any  contribution  or
    23  making any expenditure for a covered election:
    24    (a) designate a treasurer; and
    25    (b)  obtain  a  tax  identification  number  from the internal revenue
    26  service.
    27    2. Disclosure. (a) Every participating candidate shall file  financial
    28  disclosure  reports  with  the  state  board of elections as required by
    29  title one of this article. Copies of such reports shall also be  submit-
    30  ted  to the fair elections board created pursuant to this article at the
    31  same time such reports are filed with the state board of elections.
    32    (b) The fair elections board shall review each disclosure report filed
    33  with the state board of elections pursuant to title one of this  article
    34  and  shall  inform  participating  candidates  and  political committees
    35  including the authorized  committee,  of  relevant  questions  the  fair
    36  elections board has concerning: (i) compliance with requirements of this
    37  title  and  of  the  rules  issued by the fair elections board; and (ii)
    38  qualification for receiving  public  matching  funds  pursuant  to  this
    39  title. In the course of such review, the fair elections board shall give
    40  candidates  and political committees including the authorized committee,
    41  an opportunity to respond to and correct potential violations  and  give
    42  candidates  an opportunity to address questions the board has concerning
    43  their matchable contribution claims or other issues concerning eligibil-
    44  ity for receiving public matching funds pursuant to this title.  Nothing
    45  in  this  paragraph shall preclude the board from subsequently reviewing
    46  such a disclosure report and taking any action otherwise  authorized  by
    47  this title.
    48    (c)  Only  itemized  contributions contained in reports filed with the
    49  fair elections board shall be eligible for matching  funds  pursuant  to
    50  this title.
    51    § 14-206. Eligibility. 1. To be eligible for optional public financing
    52  under this title, a candidate for nomination or election must:
    53    (a)  Meet all the requirements of this chapter and other provisions of
    54  law to have his or her name on the ballot;
    55    (b) Be a candidate for statewide  office,  the  state  legislature  or
    56  delegate to a constitutional convention at a primary, general or special

        S. 7593                            10
 
     1  election and meet the threshold for eligibility set forth in subdivision
     2  two of this section;
     3    (c) Elect to participate in the public financing system established by
     4  this  title  not later than seven days after the last day to file desig-
     5  nating petitions for the office such candidate is  seeking  or,  in  the
     6  case of a special election, not later than the last day to file nominat-
     7  ing certificates for such office;
     8    (d)  Agree  to  obtain  and  furnish  to  the fair elections board any
     9  evidence it may reasonably request  relating  to  his  or  her  campaign
    10  expenditures or contributions and furnish such other proof of compliance
    11  with this title as may be requested by the board;
    12    (e)  Have  a  single  authorized  political  committee which he or she
    13  certifies as the participating committee for the purposes of this title;
    14    (f) Agree to identify accurately in all campaign materials the  person
    15  or entity that paid for such campaign material; and
    16    (g)  For  any candidate electing to participate in the optional public
    17  financing system in the year in which  such  optional  public  financing
    18  system  is  first effective, for the covered office being sought by such
    19  candidate, and, in each subsequent year, those candidates  who  did  not
    20  elect to participate in the optional public financing system in the year
    21  immediately preceding the current year, agree not to expend for campaign
    22  purposes  any  portion  of  any pre-existing funds raised for any public
    23  office or party position prior to the date of electing to participate in
    24  the public financing system as set forth in paragraph (c) of this subdi-
    25  vision.  Nothing in this paragraph shall be construed to limit,  in  any
    26  way,  any  candidate  or  public  official from expending any portion of
    27  pre-existing campaign funds for any  lawful  purpose  other  than  those
    28  related to his or her campaign.
    29    (h)  Agree  not  to  accept  contributions in excess of the limits set
    30  forth in section 14-212 of this title from the time he or she elects  to
    31  participate  in  the  optional  public financing system, as set forth by
    32  paragraph (c) of this section, through the thirty-first day of  December
    33  of  the year before the year in which the next general election is to be
    34  held.
    35    2. The threshold for eligibility for public funding for candidates  in
    36  a  primary,  general or special election for the following offices shall
    37  be:
    38    (a) Governor in a primary or  general  election.  Not  less  than  six
    39  hundred  fifty  thousand dollars from at least six thousand five hundred
    40  matchable contributions made up of sums  of  up  to  two  hundred  fifty
    41  dollars per individual contributor who resides in New York state.
    42    (b)  Lieutenant  governor  in  a  primary  election and comptroller or
    43  attorney general in a primary or general election.   Not less  than  two
    44  hundred  thousand  dollars from at least two thousand matchable contrib-
    45  utions made up of sums of up to two hundred fifty dollars per individual
    46  contributor who resides in New York state.
    47    (c) Members of the state senate  in  a  primary,  general  or  special
    48  election.  Not  less  than  twenty  thousand  dollars  from at least two
    49  hundred matchable contributions made up of sums of  up  to  two  hundred
    50  fifty  dollars  per individual contributor who resides in New York state
    51  including at least ten thousand dollars from at least one hundred  indi-
    52  vidual  contributors  who reside in the senate district or reside in any
    53  portion of any county which constitutes any measure of the  district  in
    54  which the seat is to be filled.
    55    (d) Members of the assembly in a primary, general or special election.
    56  Not  less  than ten thousand dollars from at least one hundred matchable

        S. 7593                            11
 
     1  contributions made up of sums of up to two  hundred  fifty  dollars  per
     2  individual  contributor who resides in New York state including at least
     3  five thousand dollars from at least fifty individuals who reside in  the
     4  assembly  district  or reside in any portion of any county which consti-
     5  tutes any measure of the district in which the seat is to be filled.
     6    (e) At-large delegate to a constitutional convention in a  primary  or
     7  general  election.  Not  less than twenty thousand dollars from at least
     8  two hundred matchable contributions made up of sums of up to two hundred
     9  fifty dollars per individual contributor who resides in New York state.
    10    (f) District delegate to a constitutional convention in a  primary  or
    11  general  election.  Not  less  than  five thousand dollars from at least
    12  fifty matchable contributions made up of sums of up to two hundred fifty
    13  dollars per individual contributor who resides in the district or in the
    14  constituent county or resides in any portion of any county which consti-
    15  tutes any measure of the district in which the seat is to be filled.
    16    3. In order to be eligible  to  receive  public  funds  in  a  primary
    17  election  a  candidate must agree, that in the event such candidate is a
    18  candidate for such office in the general election  in  such  year,  that
    19  such candidate will be bound by the provisions of this title, including,
    20  but not limited to, the public funds receipt limits of this title.
    21    4.  Candidates  who are contested in a primary election and who do not
    22  seek public funds shall not be eligible for public funds for the general
    23  election in that year. The provisions  of  this  subdivision  shall  not
    24  apply to candidates for the office of lieutenant governor.
    25    5. Candidates who are unopposed in a general or special election shall
    26  not be eligible to receive public funds.
    27    6.  No  candidate  for  election to an office in a primary, general or
    28  special election who has elected to participate in the public  financing
    29  system  shall be deemed opposed and receive public funds unless there is
    30  at least one other candidate, as defined by subdivision seven of section
    31  14-100 of this article for such office in such election.
    32    § 14-208. Qualified campaign expenditures. 1.  Public  funds  provided
    33  under  the provisions of this title may only be used for expenditures by
    34  the participating committee authorized by the candidate to make expendi-
    35  tures on such candidate's behalf, to further the candidate's  nomination
    36  or  election  after  January  first  of the year in which the primary or
    37  general election is held for the office sought, for services, materials,
    38  facilities or other things of value used during that election cycle  or,
    39  in  the  case  of a special election, for expenditures during the period
    40  commencing three months before and ending one month after  such  special
    41  election.
    42    2. Such public funds may not be used for:
    43    (a)  An expenditure in violation of any law of the United States or of
    44  this state;
    45    (b) Payments or anything of value given or made to  the  candidate,  a
    46  relative  of  the  candidate,  or to a business entity in which any such
    47  person has a ten percent or greater ownership interest or of  which  any
    48  such  person  is  an officer, director or employee in excess of the fair
    49  market value of such services, materials, facilities or other things  of
    50  value received in exchange;
    51    (c) Payment in excess of the fair market value of services, materials,
    52  facilities or other things of value received in exchange;
    53    (d)  Any  expenditure  made  after the participating candidate, or the
    54  only remaining opponent of such candidate, has been disqualified or  had
    55  such candidate's petitions declared invalid by a board of elections or a

        S. 7593                            12
 
     1  court  of  competent  jurisdiction  until  and  unless  such  finding is
     2  reversed by a higher authority.
     3    (e)  Any expenditure made to challenge the validity of any petition of
     4  designation or nomination or any certificate of nomination,  acceptance,
     5  authorization, declination or substitution;
     6    (f) Expenditure for noncampaign related food, drink or entertainment;
     7    (g) Gifts, except brochures, buttons, signs, or other printed campaign
     8  materials; and
     9    (h) Contributions or transfers to a political committee.
    10    §  14-210.  Optional public financing. 1. Participating candidates for
    11  nomination or election in primary, general  and  special  elections  may
    12  obtain payment to a participating committee from public funds for quali-
    13  fied  campaign  expenditures.  No  such  public funds shall be paid to a
    14  participating committee until the candidate has qualified to  appear  on
    15  the  ballot  and  filed  a sworn statement with the fair elections board
    16  electing to participate in the  optional  public  financing  system  and
    17  agreeing to abide by the requirements of this title.  Payments shall not
    18  exceed  the  amounts  specified in this title, and shall be made only in
    19  accordance with the provisions of this title. Such payments may only  be
    20  made  to  a participating candidate's participating committee. No public
    21  funds shall be used except as reimbursement  or  payment  for  qualified
    22  campaign  expenditures  actually and lawfully incurred or to repay loans
    23  used to pay qualified campaign expenditures.
    24    2. The participating committee of each participating  candidate  shall
    25  be entitled to six dollars in public funds for each one dollar of match-
    26  able  contributions obtained and reported to the fair elections board in
    27  accordance with the provisions of this title,  provided,  however,  such
    28  public funds shall only be used for qualified campaign expenditures.
    29    3.  (a) No participating candidate for nomination for an office who is
    30  unopposed in a primary election shall be entitled to  payment  from  the
    31  fund for qualified campaign expenditures.
    32    (b)  Where there is a contest in such primary for the nomination of at
    33  least one other party for such office, the participating committee of an
    34  unopposed participating candidate for nomination may raise and spend  an
    35  amount equal to one-half the public funds receipt limit for such office,
    36  as  fixed by this title for candidates who have elected to accept public
    37  funds, with contributions of up to two thousand dollars per contributor.
    38  Such payment can only be expended for property, services  or  facilities
    39  used on or before the date of such primary election.
    40    4.  The  fair  elections  board  shall promptly examine all reports of
    41  contributions to  determine  whether,  on  their  face,  they  meet  the
    42  requirements  for  matchable  contributions,  and shall keep a record of
    43  such contributions.
    44    5. The fair elections  board  shall  promulgate  regulations  for  the
    45  certification  of  the  amount of funds payable by the comptroller, from
    46  the fund established pursuant  to  section  ninety-two-y  of  the  state
    47  finance  law, to a participating candidate that has qualified to receive
    48  such payment. These  regulations  shall  include  the  promulgation  and
    49  distribution  of forms on which contributions and expenditures are to be
    50  reported, the periods during which such reports must be  filed  and  the
    51  verification  required.  The board shall institute procedures which will
    52  make possible payment by the fund within two business days after receipt
    53  of the required forms and verifications.
    54    § 14-212. Contribution and receipt limitations. 1.   In  any  primary,
    55  special  or general election for any statewide office, state legislative
    56  office or constitutional convention delegate no contributor may  make  a

        S. 7593                            13
 
     1  contribution  to any participating candidate or such candidate's partic-
     2  ipating committee,  and  no  participating  candidate  or  participating
     3  committee may accept any contribution from any contributor which, in the
     4  aggregate amount, is greater than two thousand dollars.
     5    2.  (a) Notwithstanding the public funds receipt limit for such office
     6  as fixed by this title for candidates who have elected to accept  public
     7  funds,  a participating candidate for governor or lieutenant governor in
     8  a primary or general election or such candidate's participating  commit-
     9  tee  may  accept  from a state constituted committee which has nominated
    10  such candidate services in an amount which, in the aggregate,  does  not
    11  exceed  two  million  five  hundred thousand dollars; provided, however,
    12  that twenty-five percent of such amount may be accepted in the form of a
    13  transfer.
    14    (b) Notwithstanding the public funds receipt limit for such office  as
    15  fixed  by  this  title  for candidates who have elected to accept public
    16  funds, a participating candidate for attorney general or comptroller  in
    17  a  primary or general election or such candidate's participating commit-
    18  tee may accept from a state constituted committee  which  has  nominated
    19  such  candidate  services in an amount which, in the aggregate, does not
    20  exceed one million dollars; provided, however, that twenty-five  percent
    21  of such amount may be accepted in the form of a transfer.
    22    (c)  Notwithstanding the public funds receipt limit for such office as
    23  fixed by this title for candidates who have  elected  to  accept  public
    24  funds, a participating candidate for state senator in a primary, general
    25  or  special  election  or  such  candidate's participating committee may
    26  accept from a state  constituted  committee  which  has  nominated  such
    27  candidate  services  in    an  amount  which, in the aggregate, does not
    28  exceed one hundred thousand dollars; provided, however, that twenty-five
    29  percent of such amount may be accepted in the form of a transfer.
    30    (d) Notwithstanding the public funds receipt limit for such office  as
    31  fixed  by  this  title  for candidates who have elected to accept public
    32  funds, a participating candidate for member of the assembly in a  prima-
    33  ry,  general  or  special  election  or  such  candidate's participating
    34  committee may accept from a state constituted committee which has  nomi-
    35  nated such candidate services in an amount which, in the aggregate, does
    36  not  exceed  fifty thousand dollars; provided, however, that twenty-five
    37  percent of such amount may be accepted in the form of a transfer.
    38    (e) Notwithstanding the public funds receipt limit for such office  as
    39  fixed  by  this  title  for candidates who have elected to accept public
    40  funds, a participating candidate for delegate at-large  to  a  constitu-
    41  tional  convention in a general election or such candidate's participat-
    42  ing committee may accept from a state constituted  committee  which  has
    43  nominated  such candidate services in an amount which, in the aggregate,
    44  does not exceed fifty thousand dollars; provided, however, that  twenty-
    45  five percent of such amount may be accepted in the form of a transfer.
    46    (f)  Notwithstanding the public funds receipt limit for such office as
    47  fixed by this title for candidates who have  elected  to  accept  public
    48  funds,  a  participating  candidate for district delegate to a constitu-
    49  tional convention in a general election or such candidate's  participat-
    50  ing  committee  may  accept from a state constituted committee which has
    51  nominated such candidate services in an amount which, in the  aggregate,
    52  does  not  exceed  ten thousand dollars; provided, however, that twenty-
    53  five percent of such amount may be accepted in the form of a transfer.
    54    (g) For purposes of  this  subdivision,  the  term  state  constituted
    55  committee includes any of its subcommittees.

        S. 7593                            14

     1    3. Notwithstanding any public funds receipt limit in this subdivision,
     2  each  county  committee  of  any  party  which nominates a candidate for
     3  statewide office or state legislative office, including within the  term
     4  county committee any of its subcommittees, may expend in support of such
     5  party's  candidates for statewide office or state legislative office who
     6  has agreed to accept public financing, an amount which shall not  exceed
     7  the  sum of two cents for each voter registered in such county as deter-
     8  mined by the records of the appropriate board of  elections  as  of  the
     9  preceding general election.
    10    4.  In  computing  the  aggregate amount expended for purposes of this
    11  section, expenditures made by a state constituted committee or a  county
    12  committee in support of more than one candidate shall be allocated among
    13  such  candidates  supported by the committee in accordance with formulas
    14  promulgated by the fair elections board or, in the absence of such offi-
    15  cial formulas, in accordance with a formula based upon reasonable stand-
    16  ards. The statements filed by such constituted committee  in  accordance
    17  with  this chapter shall set forth, in addition to the other information
    18  required, the total amount expended by the party committee on behalf  of
    19  all such candidates and the amount allocated to each candidate by dollar
    20  amount  and percentage.  Expenditures by a party for activities which do
    21  not support or oppose the election of any  candidate  or  candidates  by
    22  name  or  by  clear  inference  shall not be regarded as expenditures on
    23  behalf of or in opposition to a candidate.
    24    5. A participating candidate for a  public  office  for  which  public
    25  funds are available pursuant to this title shall not accept any contrib-
    26  utions  any earlier than one day after the previous general election for
    27  the office which such candidate is seeking, or any later than the day of
    28  the general election for the office sought, except that a  participating
    29  candidate  or  participating committee which has a deficit on the day of
    30  the general election may, after such date, accept contributions which do
    31  not exceed the amount of such deficit and the expenses incurred in rais-
    32  ing such contributions or the expenditure limit for such office as fixed
    33  by this title for candidates who have elected to accept public funds.
    34    6. Except for the limitations specifically set forth in this  section,
    35  participating  candidates  shall  be  subject  to the provisions of this
    36  article.
    37    § 14-214. Limitations on the receipt of public funds.   The  following
    38  limitations  apply  to  the  total  amount  of  public funds that may be
    39  provided to a participating  candidate's  authorized  committee  for  an
    40  election cycle:
    41    1.  In  any primary election, receipt of public funds by participating
    42  candidates and by their participating committees shall not exceed:
    43    (i) for governor, the sum of nine million dollars;
    44    (ii) for lieutenant governor, comptroller or attorney general, the sum
    45  of six million dollars;
    46    (iii) for senator, the sum of three hundred fifty thousand dollars;
    47    (iv) for member of the assembly, the sum of one hundred fifty thousand
    48  dollars;
    49    (v) for at-large delegate to a constitutional convention, the  sum  of
    50  one hundred seventy-five thousand dollars;
    51    (vi) for district delegates to a constitutional convention, the sum of
    52  fifty thousand dollars;
    53    2.  In  any  general  or  special election, receipt of public funds by
    54  participating candidates for the following offices and by their  partic-
    55  ipating committees shall not exceed the following amounts:
    56    Candidates for election to the office of:

        S. 7593                            15
 
     1    Governor and lieutenant governor (combined)                $12,000,000
     2    Attorney general                                           $8,000,000
     3    Comptroller                                                $8,000,000
     4    Member of senate                                           $400,000
     5    Member of assembly                                         $200,000
     6    Delegate at-large to a constitutional convention           $350,000
     7    District delegate to a constitutional convention           $75,000
     8    3. Participating candidates for office who are unopposed in the prima-
     9  ry  election  may  receive public funds before the primary election, for
    10  services, materials or facilities used on or before  the  date  of  such
    11  primary  election, an amount equal to half the sum such candidates would
    12  be entitled to receive if their nomination was contested in such primary
    13  election provided there is a primary contest for the  nomination  of  at
    14  least one other party for such office.
    15    4.  Nothing  in this section shall be construed to limit the amount of
    16  private funds a participating  candidate  may  receive  subject  to  the
    17  contribution limits contained in section 14-212 of this title.
    18    5.  At  the  beginning of each second calendar year, commencing in two
    19  thousand nineteen, the fair elections board shall determine the percent-
    20  age of the difference between the most recent available monthly consumer
    21  price index for all urban  consumers  published  by  the  United  States
    22  bureau  of  labor statistics and such consumer price index published for
    23  the same month four years previously. The amount of  each  public  funds
    24  receipt limitation fixed in this section shall be adjusted by the amount
    25  of  such percentage difference to the closest one hundred dollars by the
    26  state board which, not later than the first day of February in each such
    27  year, shall issue a  regulation  publishing  the  amount  of  each  such
    28  contribution  limit. Each public fund receipt limit as so adjusted shall
    29  be the public funds receipt limit in effect for any election held before
    30  the next such adjustment.
    31    § 14-216. Fair elections board; general powers and duties. 1.    There
    32  shall  be a board within the state board of elections known as the "fair
    33  elections board" composed of five members, of which one member shall  be
    34  appointed  by  the  governor  and  one member shall be appointed by each
    35  legislative leader of the senate and assembly.   No member of  the  fair
    36  elections  board  shall  hold elective office, nor shall any member be a
    37  lobbyist as defined in subdivision (a) of section one-c of the  legisla-
    38  tive law. The chair shall be responsible for managing the fair elections
    39  board. The members shall each serve for a term of four years.
    40    2.  The members of the fair elections board shall designate the chair-
    41  man  of  the  fair  elections  board from among the members thereof, who
    42  shall serve as chairman at the pleasure  of  the  members  of  the  fair
    43  elections board. The chairman or any three members of the fair elections
    44  board may call a meeting.
    45    3.  Each  member's  term shall commence on January first, two thousand
    46  nineteen. In case of a vacancy in the office of a member, a member shall
    47  be appointed according to  the  original  manner  of  appointment.  Each
    48  member  shall  be  a resident of the state of New York and registered to
    49  vote therein. Each member shall agree not to make  and  shall  not  make
    50  contributions  to  any  candidate or authorized committee for nomination
    51  for election. No member shall serve as an officer of a  political  party
    52  or  committee  or  be  a  candidate  or participate in any capacity in a
    53  campaign by a candidate for  nomination  for  election.  An  officer  or
    54  employee  of the state or any state agency shall not be eligible to be a
    55  member of the fair elections board.

        S. 7593                            16
 
     1    4. The members of the  fair  elections  board  shall  be  entitled  to
     2  receive  payment  for  actual  and  necessary  expenses  incurred in the
     3  performance of their duties as members of such board.
     4    5.  A  member  of the fair elections board may be removed for cause by
     5  the appointing authority upon notice and an opportunity for a hearing.
     6    6.  The fair elections board shall appoint a counsel, a  deputy  coun-
     7  sel, who shall be a member of a different major political party than the
     8  counsel,  a  special  counsel,  a deputy special counsel, who shall be a
     9  member of a different major political party than the special counsel,  a
    10  director of public information, a deputy director of public information,
    11  who  shall  be  a  member  of a different major political party than the
    12  director of public information.  The fair elections  board  may  utilize
    13  existing  staff of the state board of elections as may be necessary, and
    14  make necessary expenditures subject to appropriation,  provided  however
    15  that  the  counsel, in consultation with the fair elections board, shall
    16  have the authority to hire at least four new fair elections board  staff
    17  members.  Such  fair elections board staff members shall be dedicated to
    18  training and assisting participating candidates in  complying  with  the
    19  requirements  of  optional  public  financing as provided for under this
    20  title. The fair elections board shall retain an independent  auditor  to
    21  perform ongoing audits of each covered election by contract entered into
    22  pursuant to section one hundred sixty-three of the state finance law.
    23    7. The counsel and the special counsel shall each serve a term of four
    24  years  and  may  only be removed for cause. Any time after the effective
    25  date of this section, the members, or in the case of a  vacancy  on  the
    26  fair  elections  board, the members, of each of the same major political
    27  party as the incumbent counsel, deputy counsel, shall appoint such coun-
    28  sels, and deputies. Any vacancy in the office of counsel,  deputy  coun-
    29  sel,  special counsel, special deputy counsel, director of public infor-
    30  mation and deputy director of public information shall be filled by  the
    31  members  of  the fair elections board or in the case of a vacancy on the
    32  board, the members of the same major political  party  as  the  vacating
    33  incumbent  for  the remaining period of the term of such vacating incum-
    34  bent.
    35    8. The fair elections board shall:
    36    (a)(i) render advisory opinions  with  respect  to  questions  arising
    37  under  this  article upon the written request of a candidate, an officer
    38  of a political committee or member of the public, or upon its own initi-
    39  ative; (ii) promulgate rules regarding reasonable times  to  respond  to
    40  such requests; and (iii) make public the questions of interpretation for
    41  which  advisory  opinions will be considered by the fair elections board
    42  and its advisory opinions, including by publication on its website;
    43    (b) develop a program for informing and training  candidates  and  the
    44  public  as  to  the  purpose and effect of the provisions of this title,
    45  including by means of a website;
    46    (c) have the authority to promulgate such rules  and  regulations  and
    47  prescribe such forms as the fair elections board deems necessary for the
    48  administration of this title; and
    49    (d) in conjunction with the state board of elections develop an inter-
    50  active,  searchable computer database that shall contain all information
    51  necessary for the proper administration of this title including informa-
    52  tion on contributions  to  and  expenditures  by  candidates  and  their
    53  authorized  committees  and  distributions  of  moneys from the fund and
    54  shall be accessible to the public  on  the  state  board  of  elections'
    55  website.

        S. 7593                            17
 
     1    9.  Consistent with the provisions of the civil service law and subdi-
     2  vision seventeen of section seventy-three of the  public  officers  law,
     3  and notwithstanding the provisions of any other law to the contrary, all
     4  positions  on  the staff of the fair elections board shall be classified
     5  in  the  exempt  class  of the civil service and such positions shall be
     6  filled, to the extent possible, with an equal  number  of  persons  from
     7  each  of  the  two  political parties for which the highest and the next
     8  highest number of votes were cast for the office of state comptroller at
     9  the last preceding general election for such office.
    10    10. The fair elections board's administration of  the  fund  shall  be
    11  governed by the provisions of this title and section ninety-two-y of the
    12  state finance law.
    13    11.  The fair elections board and its proceedings shall be governed by
    14  the state administrative procedure act and subject to articles  six  and
    15  seven of the public officers law.
    16    12.    For the purposes of meetings, three commissioners shall consti-
    17  tute a quorum. The affirmative vote  of  three  commissioners  shall  be
    18  required for any action of the fair elections board.
    19    13. The fair elections board may take such other actions as are neces-
    20  sary and proper to carry out the purposes of this title.
    21    §  14-218.  Examinations  and  audits. 1. The fair elections board may
    22  conduct a thorough examination and pre-election audit  of  the  contrib-
    23  utions and qualified campaign expenses of the participating committee of
    24  every  participating candidate who received payments pursuant to section
    25  14-210 of this title.  Such audits shall be conducted as  frequently  as
    26  the  fair elections board deems necessary to ensure compliance with this
    27  title. The fair elections board shall notify,  in  writing,  any  candi-
    28  date's  authorized committee prior to the commencement of such pre-elec-
    29  tion audit. No pre-election audit shall commence in the absence  of  the
    30  notice  requirement  of this subdivision.   Every candidate who receives
    31  public matching funds under this title shall also be audited by the fair
    32  elections board post-election. The cost of complying with  a  post-elec-
    33  tion  audit  shall  be  borne by the candidate's authorized committee. A
    34  candidate who has received public matching funds under this  title  must
    35  maintain a reserve of at least one percent of the total amount of match-
    36  ing  funds  received by such candidate in his or her campaign account to
    37  comply with the post-election audit. A candidate  who  runs  in  both  a
    38  primary  and  a general election, must maintain a reserve of one percent
    39  of the total amount of public matching funds received by such  candidate
    40  for  both  his  or her primary and general election. A candidate may use
    41  public matching funds, private funds or  a  combination  of  public  and
    42  private  funds  to comply with a post-election audit. The fair elections
    43  board shall issue to each campaign audited the final post-election audit
    44  report that details its findings and shall provide  such  audit  to  the
    45  governor and legislative leaders and make such audit report available on
    46  the  state  board  of  elections'  website.    Final post-election audit
    47  reports shall be completed no later than twelve months after the date of
    48  the election or elections for which the candidate received public funds.
    49  This audit deadline shall not apply in cases involving  potential  camp-
    50  aign-related  fraud,  knowing  and willful violations of this article or
    51  criminal activity.
    52    2. (a) If the fair elections board determines that any portion of  the
    53  payment made to a participating committee from the fund was in excess of
    54  the  aggregate  amount  of payments to which such eligible candidate was
    55  entitled pursuant to section 14-210 of this title, it shall notify  such
    56  committee  of the excess amount and such committee shall pay to the fair

        S. 7593                            18
 
     1  elections board an amount  equal  to  the  amount  of  excess  payments;
     2  provided,  however,  that  if  the erroneous payment was due to an error
     3  made by the fair elections board, then the  erroneous  payment  will  be
     4  offset  against any future payment, if any.  The participating committee
     5  shall be liable for any repayments due to the fair elections  board  for
     6  deposit by such board into the New York state campaign fund.
     7    (b)  If  the  board  determines  that  any amount of payment made to a
     8  participating committee from the fund was used for purposes  other  than
     9  to  defray qualified campaign expenses, it shall notify such participat-
    10  ing committee of the amount disqualified and such participating  commit-
    11  tee  shall  pay  to  the  fair  elections  board an amount equal to such
    12  disqualified amount.  Such monies shall be deposited into the  New  York
    13  state  fair  elections  fund created pursuant to section ninety-two-y of
    14  the state finance law.  The candidate's authorized  committee  shall  be
    15  liable for any repayments due to the fair elections board.
    16    (c)  If the total of contributions and payments from the fund received
    17  by  any  participating  candidate  and  such  candidate's  participating
    18  committee,  exceeds the public funding receipt limitation of such candi-
    19  date and committee, such candidate and committee shall use  such  excess
    20  funds to reimburse the fund for payments received by such committee from
    21  the  fund not later than ten days after all permissible liabilities have
    22  been paid and in any event, not later than twenty days after the date on
    23  which the fair elections board issues its final  audit  report  for  the
    24  participating candidate's committee; provided, however, that all unspent
    25  matching  funds  for  a participating candidate shall be immediately due
    26  and payable to the fair elections board for deposit into  the  New  York
    27  state  fair  elections  fund upon its determination that the participant
    28  willfully delayed  the  post-election  audit  process.  A  participating
    29  candidate  may  make  post-election expenditures only for routine activ-
    30  ities involving nominal costs associated  with  ending  a  campaign  and
    31  responding  to the post-election audit. Nothing in this section shall be
    32  construed to prohibit the post-election expenditure of public funds  for
    33  debts  incurred during the campaign for which public funds were eligible
    34  to be used.
    35    3. If a court of competent jurisdiction disqualifies a candidate whose
    36  participating committee has received public funds on  the  grounds  that
    37  such  candidate  committed fraudulent acts in order to obtain a place on
    38  the ballot and such decision is not reversed by  a  higher  court,  such
    39  candidate  and such candidate's participating committee shall pay to the
    40  fair elections board an amount  equal  to  the  total  of  public  funds
    41  received by such participating committee.
    42    4.  The  board  must provide written notice of all payments due from a
    43  participating candidate or such candidate's committee to the  board  and
    44  provide an opportunity for the candidate or committee to rebut, in whole
    45  or  in  part, the alleged amount due. Upon a final written determination
    46  by the board, the amount due shall be paid to the  board  within  thirty
    47  days of such determination.
    48    5.  All  payments received by the board pursuant to this section shall
    49  be deposited in the New York state fair elections  fund  established  by
    50  section ninety-two-y of the state finance law.
    51    6.  Any  advice provided by the staff or members of the fair elections
    52  board to a participating or non-participating  candidate  in  connection
    53  with  any  action  under  this  article, when relied upon in good faith,
    54  shall be presumptive evidence that such candidate or his or her  commit-
    55  tee did not knowingly and willfully violate the provisions of this arti-
    56  cle.

        S. 7593                            19
 
     1    § 14-220. Civil enforcement. 1. Any person or authorized committee who
     2  knowingly and wilfully fails to make a filing required by the provisions
     3  of  this  title  shall  be  subject to a civil penalty not to exceed the
     4  amount of five thousand dollars.
     5    2.  Any person or authorized committee who knowingly and intentionally
     6  violates any other provision of this title or any rule promulgated here-
     7  under shall be subject to a civil penalty not to exceed  the  amount  of
     8  ten thousand dollars.
     9    3.  Fines  authorized  under  this section will be imposed by the fair
    10  elections board after a hearing at which the subject person  or  author-
    11  ized  committee  shall be given an opportunity to be heard. Such hearing
    12  shall be held in such manner and upon such notice as may  be  prescribed
    13  by  the  rules  of  the fair elections board. For purposes of conducting
    14  such hearings, the fair elections board shall be deemed to be an  agency
    15  within  the  meaning of article three of the state administrative proce-
    16  dure act and shall adopt rules governing  the  conduct  of  adjudicatory
    17  proceedings  and  appeals taken pursuant to a proceeding commenced under
    18  article seventy-eight of the civil practice law and  rules  relating  to
    19  the assessment of the civil penalties herein authorized.
    20    4.  The  fair  elections  board  shall  publish  on the state board of
    21  elections' website the  final  order  adjudicating  any  matter  brought
    22  pursuant to this section.
    23    5.  All payments received by the fair elections board pursuant to this
    24  section shall be deposited in the New York  state  fair  elections  fund
    25  established by section ninety-two-y of the state finance law.
    26    § 14-222. Criminal penalties. 1. Any person who knowingly and willful-
    27  ly fails to make a filing required by the provisions of this title with-
    28  in  ten  days after the date provided for such, or anyone that knowingly
    29  and willfully violates any other provision of this title shall be guilty
    30  of a misdemeanor and, in addition to such  other  penalties  as  may  be
    31  provided  by law, shall be subject to a fine not to exceed the amount of
    32  ten thousand dollars.
    33    2. Any person who knowingly and willfully contributes, accepts or aids
    34  or participates in the contribution or acceptance of a  contribution  in
    35  an  amount  exceeding  an  applicable  maximum specified in this article
    36  shall be guilty of a misdemeanor and shall be subject to a fine  not  to
    37  exceed the amount of ten thousand dollars.
    38    3.  Any  person who knowingly and willfully makes a false statement or
    39  knowingly omits a material fact to the fair elections board or an  audi-
    40  tor  designated  by  the fair elections board during any audit conducted
    41  pursuant to section 14-218 of this title shall be guilty of  a  class  E
    42  felony.
    43    4.  In  addition to any other sentence lawfully imposed upon a finding
    44  of guilt in a criminal prosecution commenced pursuant to the  provisions
    45  of  this  section,  the court may order a defendant to repay to the fair
    46  elections board any public matching funds obtained as a  result  of  any
    47  criminal conduct.
    48    5.  All  such prosecutions for criminal acts under this title shall be
    49  prosecuted by the attorney general of the state of New York.
    50    6. Any and all fines imposed pursuant to this section  shall  be  made
    51  payable  to the fair elections board for deposit into the New York state
    52  fair elections fund.
    53    § 14-224. Reports. The fair elections board shall submit a  report  to
    54  the  governor  and  legislative leaders on or before February first, two
    55  thousand nineteen, and every four years thereafter, which shall include:

        S. 7593                            20
 
     1    1. a list of the  participating  and  nonparticipating  candidates  in
     2  covered  elections  and  the  votes  received by each candidate in those
     3  elections;
     4    2.  the  amount  of contributions and loans received, and expenditures
     5  made, on behalf of participating and nonparticipating candidates;
     6    3. the amount of public matching funds  each  participating  candidate
     7  received, spent, and repaid pursuant to this article;
     8    4.  analysis of the effect of this title on the election campaigns for
     9  all offices covered under section 14-206 of this  title,  including  its
    10  effect  on  the  sources  and amounts of private financing, the level of
    11  campaign expenditures, voter participation, the  number  of  candidates,
    12  the candidates' abilities to campaign effectively for public office, and
    13  the diversity of candidates seeking and elected to office;
    14    5.  recommendations for changes or amendments to this title, including
    15  charges in contribution limits, thresholds for eligibility and limits on
    16  total matching funds as well as instituting a  program  of  full  public
    17  campaign financing for election for all statewide offices; and
    18    6. any other information that the fair elections board deems relevant.
    19    §  14-226.  Debates.  The  fair elections board shall promulgate regu-
    20  lations to facilitate debates among participating candidates.    Partic-
    21  ipating  candidates  are  required to participate in at least one debate
    22  before the primary election and in at least one debate before the gener-
    23  al election for which the candidate receives public  funds,  unless  the
    24  participating  candidate is running unopposed. A nonparticipating candi-
    25  date may be a party to such debates.
    26    § 14-228. Distributions from fair  elections  fund.  1.  This  section
    27  governs  the fair elections board's distribution  of funds from the fair
    28  elections fund created by section ninety-two-y of the state finance law,
    29  except as otherwise provided in this title.
    30    2. No moneys shall be paid to participating candidates  in  a  primary
    31  election any earlier than two weeks after the last day to file designat-
    32  ing petitions for such primary election.
    33    3.  No  moneys  shall be paid to participating candidates in a general
    34  election any earlier than a week after  the  primary  election  held  to
    35  nominate candidates for such election.
    36    4. No moneys shall be paid to any participating candidate who has been
    37  disqualified  by the fair elections board or whose designating petitions
    38  have been declared invalid by the state board of elections or a court of
    39  competent jurisdiction until and unless such finding is reversed  by  an
    40  appellate court.
    41    5.  No  payment from the fund in the possession of such a candidate or
    42  such a candidate's authorized committee on the date  of  such  disquali-
    43  fication  or  invalidation  may  thereafter  be expended for any purpose
    44  except the payment of liabilities incurred before that date. All  excess
    45  public  moneys paid to a disqualified candidate shall be returned to the
    46  fund not less than thirty days after  the  general  election  for  those
    47  participating  candidates  who  received  public  moneys for the general
    48  election, and otherwise, not less than thirty  days  after  the  primary
    49  election  for  those participating candidates who received public moneys
    50  solely for the primary election.
    51    6. (a) Participating candidates shall pay to the fair elections  board
    52  unspent  public  campaign  funds  from an election not later than thirty
    53  days after all liabilities for the election have been paid and,  in  any
    54  event,  not  less  than  twenty  days after the date upon which the fair
    55  elections board issues its final  audit  report  for  the  participating
    56  candidate's  committee;  provided,  however,  that  all  unspent  public

        S. 7593                            21

     1  campaign funds for a participating candidate shall  be  immediately  due
     2  and  payable to the fair elections board upon its determination that the
     3  participating candidate has, without just cause, delayed the  post-elec-
     4  tion  audit  process.  Unspent campaign funds determinations made by the
     5  fair elections board shall  be  based  on  the  participating  candidate
     6  committee's receipts and expenditures. The fair elections board may also
     7  consider  any  other  relevant information revealed in the course of its
     8  audits or investigations or the investigations by any other agency.
     9    (b)(i) A participating candidate may not use receipts for any  purpose
    10  other  than  disbursements  in  the preceding election until all unspent
    11  public campaign funds have been repaid. A participating candidate  shall
    12  have the burden of demonstrating that a post-election expenditure is for
    13  the preceding election.
    14    (ii)  Before  repaying  unspent public campaign funds, a participating
    15  candidate may make post-election expenditures only  for  routine  activ-
    16  ities  involving nominal costs associated with winding up a campaign and
    17  responding to the post-election audit. Such  expenditures  may  include:
    18  payment  of  utility  bills  and  rent;  reasonable  staff  salaries and
    19  consultant fees for responding  to  a  post-election  audit;  reasonable
    20  moving  expenses  related  to  closing a campaign office; a holiday card
    21  mailing to contributors, campaign volunteers, and staff  members;  thank
    22  you  notes  for  contributors,  campaign  volunteers, and staff members;
    23  payment of taxes and  other  reasonable  expenses  for  compliance  with
    24  applicable  tax  laws;  and  interest  expenses.  Routine  post-election
    25  expenditures that may be paid for with unspent  campaign  funds  do  not
    26  include  such items as post-election mailings other than as specifically
    27  provided for in this subparagraph; making  contributions;  making  bonus
    28  payments or gifts to staff members or volunteers; or holding any post-e-
    29  lection day event, including, but not limited to, any meal or any party.
    30  Unspent  campaign  funds  may not be used for transition or inauguration
    31  activities.
    32    7. All monies received by the fair elections board  pursuant  to  this
    33  section  shall  be deposited into the New York state fair elections fund
    34  pursuant to section ninety-two-y of the state finance law.
    35    8. Any candidate who accepts a contribution or contributions in excess
    36  of the limits set forth in section 14-212 of this title, prior to elect-
    37  ing to participate in the optional public financing system, as set forth
    38  by paragraph (c) of subdivision one of section  14-206  of  this  title,
    39  shall  have  his or her total public matching fund grant reduced by such
    40  excess amount. Such amount shall be deducted beginning  from  the  first
    41  allowable  disbursement  from  the  fund  until  such  excess  amount is
    42  reached, at which point the public fund disbursement shall  be  provided
    43  to the candidate consistent with the provisions of this section.
    44    §  16.  The  election law is amended by adding a new section 16-103 to
    45  read as follows:
    46    § 16-103. Proceedings as to public financing. 1. The determination  of
    47  eligibility  pursuant to section 14-206 of this chapter and any question
    48  or issue relating to payments for qualified campaign expenditures pursu-
    49  ant to section 14-210 of this chapter may be contested in  a  proceeding
    50  instituted  in the Supreme Court, Albany county, by any aggrieved candi-
    51  date.
    52    2. A proceeding with respect to such a determination of eligibility or
    53  payment for qualified campaign expenditures pursuant to  section  14-210
    54  of  this chapter shall be instituted within seven days after such deter-
    55  mination was made. The fair elections board shall be made a party to any
    56  such proceeding.

        S. 7593                            22
 
     1    3. Upon the fair elections board's failure to receive the  amount  due
     2  from  a  participating candidate or such candidate's committee after the
     3  issuance of written notice of such amount due, as required  by  subdivi-
     4  sion four of section 14-218 of this chapter, such board is authorized to
     5  institute  a special proceeding or civil action in Supreme Court, Albany
     6  county, to obtain a judgment for any amounts determined to be payable to
     7  the fair elections board.
     8    4. The fair elections board  is  authorized  to  institute  a  special
     9  proceeding  or civil action in Supreme Court, Albany county, to obtain a
    10  judgment for civil penalties  determined  to  be  payable  to  the  fair
    11  elections board pursuant to section 14-218 of this chapter.
    12    §  17.  The  election  law is amended by adding a new section 4-115 to
    13  read as follows:
    14    § 4-115. Notice to the state board of elections of candidates for  the
    15  legislature.  1.  Each board of elections with which petitions are filed
    16  for member of the state legislature shall, not later than one week after
    17  the last day to file such petitions, send notice to the state  board  of
    18  elections  of  such  information  about  each such petition as the state
    19  board shall require.
    20    2. Each such county board of elections shall, not later than  the  day
    21  after the last day to file a petition or certificate of nomination for a
    22  general  or special election or a certificate of acceptance, declination
    23  or substitution for a general, primary or special election for any  such
    24  office, send to the state board of elections such information about each
    25  such petition or certificate as the state board shall require.
    26    3.  If  any  such county board of elections should disqualify any such
    27  candidate or rule the petition or certificate designating or  nominating
    28  any such candidate invalid, it shall forthwith notify the state board of
    29  elections of such decision.
    30    4.  If any such county board of elections shall be notified of a deci-
    31  sion of a court of competent jurisdiction disqualifying any such  candi-
    32  date  or declaring any such petition invalid or reversing any such deci-
    33  sion by such  board  of  elections  or  another  court,  such  board  of
    34  elections  shall  forthwith  notify the state board of elections of such
    35  decision.
    36    5. The state board of elections may prescribe forms  for  the  notices
    37  required  by  this  section and shall prescribe the manner in which such
    38  notices shall be given.
    39    § 18. The general business law is amended  by  adding  a  new  section
    40  359-gg to read as follows:
    41    §  359-gg. Additional surcharge. In addition to any penalty authorized
    42  by section three hundred fifty-nine-g of this article or any damages  or
    43  other  compensation  recoverable  including,  but  not  limited  to, any
    44  settlement authorized by section sixty-three  or  sixty-three-c  of  the
    45  executive  law,  there shall be assessed thereon an additional surcharge
    46  in the amount of ten percent  of  the  total  amount  of  such  penalty,
    47  damages or settlement. Such surcharge shall be deposited in the New York
    48  state  fair  elections  fund  established by section ninety-two-y of the
    49  state finance law.
    50    § 19. The state finance law is amended by adding a new section 92-y to
    51  read as follows:
    52    § 92-y. New York state fair elections fund. 1. There is hereby  estab-
    53  lished  in  the  custody  of  the commissioner of taxation and finance a
    54  special fund to be known as the New York state fair elections fund.
    55    2. Such fund shall consist of all revenues received from the surcharge
    56  imposed pursuant to section three hundred fifty-nine-gg of  the  general

        S. 7593                            23
 
     1  business  law,  revenues  received  from  fair  elections fund check-off
     2  pursuant to section six hundred thirty-d of the tax law  and  all  other
     3  moneys  credited  or  transferred  thereto from any other fund or source
     4  pursuant  to  law.  Nothing  contained in this section shall prevent the
     5  state from receiving grants, gifts, bequests or voluntary  contributions
     6  for  the  purposes of the fund as defined in this section and depositing
     7  them into the fund according to law. Monies in the fund  shall  be  kept
     8  separate from and not commingled with other funds held in the custody of
     9  the commissioner of taxation and finance.
    10    3. Moneys of the fund, following appropriation by the legislature, may
    11  be  expended  for the purposes of making payments to candidates pursuant
    12  to title two of article fourteen of the election law.  Moneys  shall  be
    13  paid  out  of  the  fund  by the commissioner of taxation and finance on
    14  vouchers certified or approved by the fair elections  board  established
    15  pursuant  to  title  two of article fourteen of the election law, or the
    16  duly designated representative of such board, in the  manner  prescribed
    17  by  law,  not  more than one working day after a voucher duly certified,
    18  approved and executed by such board or its representative  in  the  form
    19  prescribed  by  the  commissioner of taxation and finance is received by
    20  the commissioner of taxation and finance.
    21    4. Notwithstanding any provision of law to the contrary,  if,  in  any
    22  state  fiscal  year,  the  state fair elections fund lacks the amount of
    23  money to pay all claims vouchered by eligible candidates  and  certified
    24  or  approved  by  the fair elections board, any such deficiency shall be
    25  paid, upon audit and warrant of the state comptroller, from funds depos-
    26  ited in the general fund of the state not  more  than  one  working  day
    27  after such voucher is received by the state comptroller.
    28    5.  Commencing in two thousand nineteen, if the surplus in the fund on
    29  April first of the year after  an  election  cycle  exceeds  twenty-five
    30  percent of the disbursements from the fund over the previous four years,
    31  the excess shall revert to the general fund of the state.
    32    6.  No public funds shall be paid to any participating candidates in a
    33  primary election any earlier than the day that such candidate is  certi-
    34  fied as being on the ballot for such primary election.
    35    7.  No public funds shall be paid to any participating candidates in a
    36  general election any earlier than the day after the day of  the  primary
    37  election held to nominate candidates for such election.
    38    8.  No  public  funds shall be paid to any participating candidate who
    39  has been disqualified or whose designating petitions have been  declared
    40  invalid  by  the  appropriate board of elections or a court of competent
    41  jurisdiction until and unless such  finding  is  reversed  by  a  higher
    42  authority.  No  payment from the fund in the possession of such a candi-
    43  date or such candidate's participating committee on  the  date  of  such
    44  disqualification  or  invalidation  may  thereafter  be expended for any
    45  purpose except the payment of liabilities incurred before such date. All
    46  such moneys shall be repaid to the fund.
    47    § 20. The tax law is amended by adding a new section 630-f to read  as
    48  follows:
    49    §  630-f.  Contribution to New York state fair elections fund.  Effec-
    50  tive for any taxable year commencing on  or  after  January  first,  two
    51  thousand  eighteen,  an  individual  in  any  taxable  year may elect to
    52  contribute to the New York state fair elections fund. Such  contribution
    53  shall  be  in the amount of five dollars and shall not reduce the amount
    54  of state tax owed by such individual.  The  commissioner  shall  include
    55  space  on  the  personal  income tax return to enable a taxpayer to make
    56  such contribution. Notwithstanding any other provision of law all reven-

        S. 7593                            24
 
     1  ues collected pursuant to this section shall be credited to the New York
     2  state fair elections fund and used only for those purposes enumerated in
     3  section ninety-two-y of the state finance law.
     4    §  21.  Severability. If any clause, sentence, subdivision, paragraph,
     5  section or part of title 2 of article 14 of the election law,  as  added
     6  by  section  fifteen  of  this act be adjudged by any court of competent
     7  jurisdiction to be invalid, such judgment shall not  affect,  impair  or
     8  invalidate the remainder thereof, but shall be confined in its operation
     9  to the clause, sentence, subdivision, paragraph, section or part thereof
    10  directly  involved  in the controversy in which such judgment shall have
    11  been rendered.
    12    § 22. This act  shall  take  effect  immediately;  provided,  however,
    13  candidates  for state legislature will be eligible to participate in the
    14  public financing system beginning with the 2020 election and  all  state
    15  candidates  and  constitutional convention delegates will be eligible to
    16  participate in the public  financing  system  beginning  with  the  2022
    17  election.
Enacts the "fair elections act"

What's Happening

Why It Matters
