Public Campaign Finance Reform

Section 1. Subdivision 1 of section 14-102 of the election law, as amended by chapter 8 and as redesignated by chapter 9 of the laws of 1978, is amended to read as follows:

1. The treasurer of every political committee which, or any officer, member or agent of any such committee who, in connection with any election, receives or expends any money or other valuable thing or incurs any liability to pay money or its equivalent shall file statements sworn, or subscribed and bearing a form notice that false statements made therein are punishable as a class A misdemeanor pursuant to section 210.45 of the penal law, at the times prescribed by this [article] title setting forth all the receipts, contributions to and the expenditures by and liabilities of the committee, and of its officers, members and agents in its behalf. Such statements shall include the dollar amount of any receipt, contribution or transfer, or the fair market value of any receipt, contribution or transfer, which is other

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05148-01-9

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than of money, the name and address of the transferor, contributor, or person from whom received, and if the transferor, contributor or person is a political committee; the name of and the political unit represented by the committee, the date of its receipt, the dollar amount of every expenditure, the name and address of the person to whom it was made or the name of and the political unit represented by the committee to which it was made and the date thereof, and shall state clearly the purpose of such expenditure. Any statement reporting a loan shall have attached to it a copy of the evidence of indebtedness. Expenditures in sums under fifty dollars need not be specifically accounted for by separate items in said statements, and receipts and contributions aggregating not more than ninety-nine dollars, from any one contributor need not be specifically accounted for by separate items in said statements, provided however, that such expenditures, receipts and contributions shall be subject to the other provisions of section 14-118 of this [article] title.

§ 2. The article heading of article 14 of the election law is amended to read as follows:

CAMPAIGN RECEIPTS AND EXPENDITURES;

PUBLIC FINANCING

§ 3. Paragraph b of subdivision 1 of section 14-114 of the election law, as amended by chapter 659 of the laws of 1994, is amended and a new paragraph d is added to read as follows:

b. In any other election for party position or for election to a public office or for nomination for any such office, no contributor may make a contribution to any candidate or political committee and no such candidate or political committee may accept any contribution from any contributor, which is in the aggregate amount greater than: (i) in the case of any election for party position, or for nomination to public office, the product of the total number of enrolled voters in the candidate's party in the district in which he is a candidate, excluding voters in inactive status, multiplied by $.05, and (ii) in the case of any election for a public office, the product of the total number of registered voters in the district, excluding voters in inactive status, multiplied by $.05, except in the case of a candidate for supreme court justice or district attorney not participating in the state's judicial public campaign financing system defined in title two of this article, multiplied by $.03 and in the case of a candidate for supreme court justice or district attorney participating in the state's judicial public campaign financing system defined in title two of this article, multiplied by $.01, however in the case of a nomination within the city of New York for the office of mayor, public advocate or comptroller, such amount shall be not less than four thousand dollars nor more than twelve thousand dollars as increased or decreased by the cost of living adjustment described in paragraph c of this subdivision; in the case of an election within the city of New York for the office of mayor, public advocate or comptroller, twenty-five thousand dollars as increased or decreased by the cost of living adjustment described in paragraph c of this subdivision; in the case of a nomination for state senator, four thousand dollars as increased or decreased by the cost of living adjustment described in paragraph c of this subdivision; in the case of an election for state senator, six thousand two hundred fifty dollars as increased or decreased by the cost of living adjustment described in paragraph c of this subdivision; in the case of an election or nomination for a member of the assembly, twenty-five hundred dollars as increased or decreased by the cost of living adjustment described in

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paragraph c of this subdivision; but in no event shall any such maximum exceed fifty thousand dollars or be less than one thousand dollars; provided however, that the maximum amount which may be so contributed or accepted, in the aggregate, from any candidate's child, parent, grandparent, brother and sister, and the spouse of any such persons, shall not exceed in the case of any election for party position or nomination for public office an amount equivalent to the number of enrolled voters in the candidate's party in the district in which he is a candidate, excluding voters in inactive status, multiplied by $.25 and in the case of any election to public office, an amount equivalent to the number of registered voters in the district, excluding voters in inactive status, multiplied by $.25; or twelve hundred fifty dollars, whichever is greater, or in the case of a nomination or election of a state senator, twenty thousand dollars, whichever is greater, or in the case of a nomination or election of a member of the assembly twelve thousand five hundred dollars, whichever is greater, but in no event shall any such maximum exceed one hundred thousand dollars.

d. Notwithstanding any other contribution limit in this section, participating candidates as defined in subdivision fourteen of section 14-201 of this article may contribute, out of their own money, three times the applicable contribution limit for non-participating candidates to their own authorized political committee.

§ 4. Sections 14-100 through 14-132 of the election law are designated title I and a new title heading is added to read as follows:

CAMPAIGN RECEIPTS AND EXPENDITURES

§ 5. Article 14 of the election law is amended by adding a new title II to read as follows:

TITLE II

PUBLIC FINANCING Section 14-200. Legislative findings and intent.

14-201. Definitions.

14-202. Reporting requirements.

14-203. Contributions.

14-204. Proof of compliance.

14-205. Eligibility.

14-206. Limits on public financing.

14-207. Payment of public matching funds.

14-208. Use of public matching funds; qualified campaign expend-

itures.

14-209. Powers and duties of the board.

14-210. Audits and repayments.

14-211. Enforcement and penalties for violations and other

proceedings.

14-212. Reports.

14-213. Severability.

§ 14-200. Legislative findings and intent. The legislature finds and determines that the judiciary and prosecutors for the state fulfill a unique role in government, substantively distinct from non-judicial and prosecutorial offices.

The legislature also finds and determines that justices and district attorneys are not elected to represent the views of voters, but rather are elected to uphold the law.

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The legislature additionally finds and determines that judicial and prosecutorial impartiality and independence are critical to maintaining public confidence and the rule of law.

The legislature additionally finds and determines that judges and district attorneys must maintain impartiality and independence and the appearance of impartiality and independence, unlike non-judicial or prosecutorial offices.

The legislature additionally finds and determines that the rules of judicial conduct and the rules of prosecutorial conduct recognize the distinct nature of the judicial branch and responsibilities of prosecutors, in contrast to the legislative and executive branches, by restricting judges and justices from engaging in various campaign-related political activity not imposed on non-judicial offices.

The legislature additionally finds and determines that many state and federal judicial offices are not elected, but rather appointed positions, due to the nonpolitical nature of the office.

The legislature additionally finds and determines that raising the funds necessary to run for the office of the supreme court, in a manner that comports with judicial rules of conduct, further distinguishes the office of supreme court from other elective offices and would be appropriate to apply to the office of district attorney.

The legislature additionally finds and determines that raising the necessary funds to run for the office of the supreme court or district attorney has the potential to reduce the appearance of judicial or prosecutorial impartiality and the confidence of those appearing before the court.

The legislature additionally finds and determines that the heightened restrictions imposed on judicial candidates, and appropriate for candidates for district attorney, necessary to maintain impartiality, are furthered by a judicial and prosecutorial public campaign finance system.

The legislature additionally finds and determines that a judicial and prosecutorial public campaign finance system for candidates for the office of supreme court justice and district attorney reduces the potential for judicial or prosecutorial partiality or the appearance of judicial or prosecutorial partiality of those appearing before the court.

§ 14-201. Definitions. For the purposes of this title, the following terms shall have the following meanings:

1. The term "authorized political committee" shall mean the single political committee designated by a candidate pursuant to section 14-202 of this title to receive contributions and make expenditures in support of the candidate's campaign.

2. The term "board" shall mean the state board of elections.

3. The term "contribution" shall have the same meaning as appears in subdivision nine of section 14-100 of this article.

4. The term "contributor" shall mean any person or entity that makes a contribution.

5. The term "covered election" shall mean any general election for the office of supreme court justice or district attorney.

6. The term "election cycle" shall mean the window period defined in 22 NYCRR Part 100 for the office of supreme court justice and, for the office of district attorney, any primary or general election for nomination for election or election, to the office of district attorney.

7. The term "expenditure" shall mean any gift, subscription, advance, payment, or deposit of money or anything of value, or a contract to make any gift, subscription, payment, or deposit of money or anything of

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value, made in connection with the nomination for election, or election, of any candidate. Expenditures made by contract are deemed made when such funds are obligated.

8. The term "fund" shall mean the New York state judicial campaign finance fund or the district attorney campaign fund.

9. The term "immediate family" shall mean a spouse, domestic partner, child, sibling or parent.

10. The term "intermediary" shall mean an individual, corporation, partnership, political committee, employee organization or other entity which bundles, causes to be delivered or otherwise delivers any contribution from another person or entity to a candidate's authorized political committee, other than in the regular course of business as a postal, delivery or messenger service. Provided, however, that an "intermediary" shall not include spouses, domestic partners, parents, children or siblings of the person making such contribution or a staff member or volunteer of the campaign identified in writing to the state board of elections.

11. The term "item with significant intrinsic and enduring value" shall mean any item, including tickets to an event, that are valued at twenty-five dollars or more.

12. (a) The term "matchable contribution" shall mean a lawful contribution, contributions or a portion of a contribution or contributions for any covered elections held in the same election cycle, made by a natural person and resident of the district in which the office is to be filled to a participating candidate's authorized political committee, that has been reported in full to the board in accordance with sections 14-102 and 14-104 of this article by the candidate's authorized political committee and has been contributed on or before the day of the applicable general election. Any contribution, contributions, or a portion of a contribution determined to be invalid for matching funds by the board may not be treated as a matchable contribution for any purpose.

(b) The following contributions are not matchable:

(i) loans;

(ii) in-kind contributions of property, goods, or services;

(iii) contributions in the form of the purchase price paid for an item with significant intrinsic and enduring value;