 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7760
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 6, 2023
                                       ___________
 
        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the election law, in relation to public campaign financ-
          ing; and to repeal section 11 of part ZZZ of chapter 58 of the laws of
          2020  amending the election law relating to public financing for state
          office; amending the state finance law relating  to  establishing  the
          New  York state campaign finance fund; and amending the tax law relat-
          ing to establishing the NYS campaign finance fund check-off,  relating
          to the severability of the provisions thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 11 of section 14-200-a of the election law,  as
     2  added  by  section  4  of part ZZZ of chapter 58 of the laws of 2020, is
     3  amended to read as follows:
     4    11. (a) "matchable contribution" means a contribution  not  less  than
     5  five  dollars  and not more than two hundred fifty dollars, for a candi-
     6  date for public office to be voted on by the voters of the entire  state
     7  or  for  nomination  to  any such office, a contribution for any covered
     8  elections held in the same election cycle, made by a natural person  who
     9  is a resident in the state of New York to a participating candidate, and
    10  for  a  candidate  for election to the state assembly or state senate or
    11  for nomination to any  such  office,  a  contribution  for  any  covered
    12  elections  held in the same election cycle, made by a natural person who
    13  at the time such contribution is made is also a resident of  such  state
    14  assembly  or  state senate district from which such candidate is seeking
    15  nomination or election, that has been reported in full to  the  PCFB  in
    16  accordance with sections 14-102 and 14-104 of this article by the candi-
    17  date's  authorized  committee  and has been contributed on or before the
    18  day of the applicable primary, general, runoff, or special election. Any
    19  contribution, contributions, or a portion of a  contribution  determined

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11550-10-3
        A. 7760                             2
 
     1  to  be  invalid  for  matching funds by the PCFB may not be treated as a
     2  matchable contribution for any purpose.
     3    (b) The following contributions are not matchable:
     4    (i) loans;
     5    (ii) in-kind contributions of property, goods, or services;
     6    (iii) contributions in the form of the purchase price paid for an item
     7  with significant intrinsic and enduring value;
     8    (iv) transfers from a party or constituted committee;
     9    (v) anonymous contributions;
    10    (vi)  contributions  whose source is not itemized as required by these
    11  recommendations;
    12    (vii) contributions gathered during a previous election cycle;
    13    (viii) illegal contributions;
    14    (ix) contributions from minors;
    15    (x) contributions from vendors for campaigns hired  by  the  candidate
    16  for such election cycle; and
    17    (xi)  contributions  from lobbyists registered pursuant to subdivision
    18  (a) of section one-c of the legislative law; and
    19    (xii) [any] the portion of a contribution [when the aggregate contrib-
    20  utions are] which is in excess of  two  hundred  fifty  dollars  in  the
    21  aggregate  from  any one contributor to such participating candidate for
    22  nomination or election.
    23    § 2. Subdivision 19 of section 14-200-a of the election law, as  added
    24  by  section  4 of part ZZZ of chapter 58 of the laws of 2020, is amended
    25  to read as follows:
    26    19. "surplus" means [those funds where the total sum of  contributions
    27  received  and]  the difference between public [matchable] matching funds
    28  received by a participating candidate and his or her authorized  commit-
    29  tee  [exceeds  the  total  campaign  expenditures  of such candidate and
    30  authorized committee] for all covered elections held in the same  calen-
    31  dar  year or for a special election to fill a vacancy and the total such
    32  candidate and  his  or  her  authorized  committee  spent  on  qualified
    33  campaign  expenditures;  provided that in cases where qualified campaign
    34  expenditures of such candidate exceed public matching funds received  by
    35  such  candidate  and  his  or  her  authorized committee for all covered
    36  elections held in the same calendar year or for a  special  election  to
    37  fill a vacancy, the surplus is zero.
    38    § 3. Section 14-203 of the election law, as added by section 4 of part
    39  ZZZ of chapter 58 of the laws of 2020, is amended to read as follows:
    40    § 14-203. Eligibility.  1.  Terms  and  conditions. To be eligible for
    41  [voluntary public financing] public matching funds under this  title,  a
    42  candidate must:
    43    (a) be a candidate in a covered election;
    44    (b)  meet  all  the requirements of law to have his or her name on the
    45  ballot, subject to the requirements  of  subdivision  three  of  section
    46  1-104 and subdivision one of section 6-142 of this chapter;
    47    (c)  in  the case of a covered general or special election, be opposed
    48  by another candidate on the ballot who is not a write-in candidate;
    49    (d) submit a certification in the form of an affidavit, in  such  form
    50  as  may be prescribed by the PCFB, that sets forth his or her acceptance
    51  of and agreement to  comply  with  the  terms  and  conditions  for  the
    52  provision  of such funds in each covered election and such certification
    53  shall be submitted at least four months before a primary election and on
    54  the last day in which a  certification  of  nomination  is  filed  in  a
    55  special election pursuant to a schedule promulgated by the PCFB;
    56    (e) be certified as a participating candidate by the PCFB;
        A. 7760                             3
 
     1    (f)  not  make, and not have made, expenditures from or use his or her
     2  personal funds or property or the personal  funds  or  property  jointly
     3  held  with  his  or  her spouse, or unemancipated children in connection
     4  with his or her nomination for election or election to a covered office,
     5  but  may  make  a  contribution to his or her authorized committee in an
     6  amount that does not exceed  three  times  the  applicable  contribution
     7  limit  from  an individual contributor to candidates for the office that
     8  he or she is seeking;
     9    (g) meet the threshold for eligibility set forth in subdivision two of
    10  this section;
    11    (g-1) not owe any payments, repayments, or civil penalties pursuant to
    12  this title or any regulations promulgated  thereunder,  or  any  similar
    13  payments, repayments, or civil penalties under any local public campaign
    14  finance program within the previous ten years;
    15    (h)  continue  to  abide  by all requirements during the post-election
    16  period; and
    17    (i) not have accepted contributions in amounts exceeding the  contrib-
    18  ution  limits set forth for candidates in paragraphs a and b of subdivi-
    19  sion one of section 14-114 of this article during the election cycle for
    20  which the candidate seeks certification;
    21    (i) Provided however, that,  if  a  candidate  accepted  contributions
    22  exceeding  such  limits, such acceptance shall not prevent the candidate
    23  from being certified by the PCFB if the candidate in a reasonable  time,
    24  as  determined  by  rule, pays to the fund or returns to the contributor
    25  the portion of any contribution that exceeded  the  applicable  contrib-
    26  ution limit.
    27    (ii)  If  the candidate is unable to return such funds in a reasonable
    28  time, as determined by rule,  because  they  have  already  been  spent,
    29  acceptance  of  contributions exceeding the limits shall not prevent the
    30  candidate from being certified by the PCFB if the candidate  submits  an
    31  affidavit  agreeing to pay to the fund all portions of any contributions
    32  that exceeded the limit no later than thirty  days  before  the  general
    33  election.  If  a candidate provides the PCFB with such an affidavit, any
    34  disbursement of public funds to the candidate shall  be  reduced  by  no
    35  more  than twenty-five percent until the total amount owed by the candi-
    36  date is repaid.
    37    (iii) Nothing in this section shall be interpreted to require a candi-
    38  date who retains funds raised during  any  previous  election  cycle  to
    39  forfeit such funds. Funds raised during a previous election cycle may be
    40  retained  and  used by the candidate for the candidate's campaign in the
    41  next election cycle but funds  shall  not  qualify  for  satisfying  the
    42  threshold  for  participating  in  the  public  campaign finance program
    43  established in this title nor shall they be eligible to be matched.  The
    44  PCFB  shall  adopt  regulations  to ensure that contributions that would
    45  satisfy the applicable contribution  limits  authorized  in  this  title
    46  shall be transferred into the appropriate campaign account.
    47    (iv)  Contributions received and expenditures made by the candidate or
    48  an authorized committee of the candidate prior to the effective date  of
    49  this  title  shall  not constitute a violation of this title. Unexpended
    50  contributions shall be treated the  same  as  campaign  surpluses  under
    51  subparagraph  (iii)  of  this  paragraph. Nothing in this recommendation
    52  shall be construed to limit, in any way, any candidate or  public  offi-
    53  cial  from  expending any portion of pre-existing campaign funds for any
    54  lawful purpose other than those related to his or her campaign.
    55    (v) A candidate who has raised matchable  contributions  but,  in  the
    56  case  of  a covered primary, general or special election, is not opposed
        A. 7760                             4
 
     1  by another candidate on the ballot who is not a write-in  candidate,  or
     2  who chooses not to accept matchable funds, may retain such contributions
     3  and  apply  them  in  accord  with  this  title  to the candidate's next
     4  campaign, should there be one, in the next election cycle.
     5    (vi)  The total amount of public matching funds available to a partic-
     6  ipating candidate and his or her  authorized  committee  for  a  covered
     7  general  election  pursuant to subdivision two of section 14-204 of this
     8  title shall be reduced by any unexpended public matching funds  received
     9  by  such  candidate  and  his  or her authorized committee for a covered
    10  primary election.
    11    2. Threshold for eligibility. (a) The threshold  for  eligibility  for
    12  public funding for participating candidates shall be in the case of:
    13    (i)  governor, not less than five hundred thousand dollars in contrib-
    14  utions including at least five thousand matchable contributions shall be
    15  counted toward this qualifying threshold;
    16    (ii) lieutenant governor, attorney general and comptroller,  not  less
    17  than  one  hundred  thousand dollars in contributions including at least
    18  one thousand matchable contributions shall be counted toward this quali-
    19  fying threshold;
    20    (iii) state senator, except as otherwise provided in paragraph (c)  of
    21  this subdivision, not less than [twelve] twenty-four thousand dollars in
    22  contributions  including  at  least  [one] three hundred fifty matchable
    23  contributions shall be counted toward this qualifying threshold; and
    24    (iv) member of the assembly, except as otherwise provided in paragraph
    25  (c) of this subdivision, not less than [six]  ten  thousand  dollars  in
    26  contributions  including  at least [seventy-five] one hundred forty-five
    27  matchable contributions shall be counted toward this qualifying  thresh-
    28  old.
    29    (b)  [However,  solely  for]  For  purposes  of achieving the monetary
    30  thresholds in paragraph (a) of this subdivision, the first  two  hundred
    31  fifty dollars of any contribution of more than two hundred fifty dollars
    32  to  a  candidate  or  a  candidate's  committee which would otherwise be
    33  [matchable except that it comes from a contributor who  has  contributed
    34  more  than  two  hundred  fifty dollars to such candidate or candidate's
    35  committee, is] deemed to be a matchable  contribution  and  shall  count
    36  toward  satisfying  such  monetary threshold [but shall not otherwise be
    37  considered a matchable contribution].  The portion of  any  contribution
    38  which  is  in  excess of two hundred fifty dollars in the aggregate to a
    39  candidate or candidate's committee shall  not  be  matchable,  provided,
    40  however,  the first two hundred fifty dollars of such contribution shall
    41  be considered a matchable contribution provided that  such  contribution
    42  is  otherwise  determined  to  be valid for public matching funds by the
    43  PCFB.
    44    (c) With respect to the minimum  dollar  threshold  for  participating
    45  candidates  for state senate and state assembly, in such districts where
    46  average median income ("AMI") is below the  AMI  as  determined  by  the
    47  United  States  Census Bureau three years before such election for which
    48  public funds are sought, such minimum dollar threshold  for  eligibility
    49  shall  be  reduced  [by  one-third]  to sixteen thousand dollars for the
    50  senate and six thousand dollars for the assembly.  The PCFB  shall  make
    51  public  which  districts are subject to such reduction no later than two
    52  years before the first primary election for which funding is sought.
    53    (d) Any participating candidate meeting the threshold for  eligibility
    54  in  a primary election for one of the foregoing offices shall be applied
    55  to satisfy the threshold for eligibility for such office  in  any  other
    56  subsequent  election  held  in the same calendar year. Any participating
        A. 7760                             5
 
     1  candidate who is nominated in a primary election and has participated in
     2  the public financing program set forth in this title, [must]  shall  not
     3  be  required  to  participate  in  the  public financing program for the
     4  general election for such office should they choose to run in the gener-
     5  al election.
     6    § 4. Subdivisions 1, 2 and 5 of section 14-204 of the election law, as
     7  added  by  section  4 of part ZZZ of chapter 58 of the laws of 2020, are
     8  amended to read as follows:
     9    1. In any primary election, receipt of public funds  by  participating
    10  candidates and by their participating committees shall not exceed:
    11    (a) for Governor                                             $3,500,000
    12    (b) for Lieutenant Governor, Attorney General or Comptroller $3,500,000
    13    (c) for State Senator                                        $375,000
    14    (d) for Member of the Assembly                               [$175,000]
    15                                                                 $145,000
    16    2.  In  any  general or special election, receipt of public funds by a
    17  participating candidate's authorized committees shall not exceed:
    18    (a) for Governor and Lieutenant Governor (combined)          $3,500,000
    19    (b) for Attorney General                                     $3,500,000
    20    (c) for Comptroller                                          $3,500,000
    21    (d) for State Senator                                        $375,000
    22    (e) for Member of the Assembly                               [$175,000]
    23                                                                 $145,000
    24    5. A candidate only on the ballot in one or more primary elections  in
    25  which  the number of persons eligible to vote for party nominees in each
    26  such election totals fewer than one thousand shall  not  receive  public
    27  funds in excess of five thousand dollars for qualified campaign expendi-
    28  tures  in  such election or elections; provided, however, such candidate
    29  may receive up to five thousand dollars per each additional one thousand
    30  voters over the first one thousand voters but shall not  receive  public
    31  funds in excess of fifteen thousand dollars total for qualified campaign
    32  expenditures  in  such  election  or elections. For the purposes of this
    33  section, the number of persons eligible to vote for party nominees in  a
    34  primary  election shall be as determined by the state board of elections
    35  for the calendar year of the primary election. A candidate for office on
    36  the ballot in more than one primary for such office,  shall  be  deemed,
    37  for purposes of this recommendation, to be a single candidate.
    38    §  5.  Subdivisions  3 and 4 of section 14-205 of the election law, as
    39  added by section 4 of part ZZZ of chapter 58 of the laws  of  2020,  are
    40  amended to read as follows:
    41    3.  Timing  of  payment. (a) The PCFB shall make any payment of public
    42  matching funds to participating candidates as soon  as  is  practicable.
    43  But  in all cases, it shall verify eligibility for public matching funds
    44  within four days,  excluding  weekends  and  holidays,  of  receiving  a
    45  campaign  contribution report filed in compliance with section 14-104 of
    46  this article. Within two days of determining  that  a  candidate  for  a
    47  covered office is eligible for public matching funds, it shall authorize
    48  payment  of  the  applicable  matching funds owed to the candidate. [The
    49  PCFB shall schedule at least three payment  dates  in  the  thirty  days
    50  prior to a covered primary, general, or special election. If any of such
    51  payments  would require payment on a weekend or federal holiday, payment
    52  shall be made on the next business day.]
    53    (b) The PCFB shall schedule payment dates on (i) December fifteenth of
    54  the year preceding the  year  of  the  covered  election,  (ii)  January
    55  fifteenth,  February  fifteenth, March fifteenth, April fifteenth, and a
    56  minimum of three payment dates within the forty-five  days  prior  to  a
        A. 7760                             6
 
     1  covered  primary  election,  (iii)  July fifteenth and a minimum of four
     2  payment dates  within  the  ninety  days  prior  to  a  covered  general
     3  election,  and  (iv)  a minimum of three payment dates within the thirty
     4  days  prior to any other covered election. If any of such payments would
     5  require payment on a weekend or federal holiday, payment shall  be  made
     6  on  the  next business day. A certification pursuant to paragraph (d) of
     7  subdivision one of section 14-203 of this title  shall  be  required  to
     8  have  been filed with the PCFB no later than fifteen business days prior
     9  to the December fifteenth, January fifteenth, February fifteenth,  March
    10  fifteenth,  April  fifteenth,  or July fifteenth payment dates scheduled
    11  pursuant to this subdivision for a participating  candidate  to  receive
    12  public  funds  on such payment date. For purposes of such payment dates,
    13  the PCFB shall provide each candidate with a written determination spec-
    14  ifying the basis for any non-payment.
    15    4. Notwithstanding any provision of this section to the contrary,  the
    16  amount  of  public  funds  payable  to  a participating candidate on the
    17  ballot in any covered election shall not exceed one-quarter of the maxi-
    18  mum public funds  payment  otherwise  applicable  and  no  participating
    19  candidate  shall  be  eligible to receive a disbursement of public funds
    20  prior to two weeks after the last day to file designating petitions  for
    21  a  primary  election  unless the participating candidate is opposed by a
    22  competitive candidate. [The PCFB shall, by regulation, set forth  objec-
    23  tive  standards  to determine whether a candidate is competitive and the
    24  procedures for qualifying for the payment of public  funds.]  A  partic-
    25  ipating candidate shall be considered opposed by a competitive candidate
    26  when at least one of the following conditions are met:
    27    (a)  For  a covered general election only if the margin of victory was
    28  twenty points or less in a contest involving  an  opposing  major  party
    29  candidate  in  an election for public office in an area encompassing all
    30  or part of the area that is the subject of the current election  in  the
    31  last eight years preceding the election of the covered office sought.
    32    (b)  The  opposing candidate has received the endorsement of a current
    33  or former statewide elected official, or a  current  or  former  federal
    34  elected  official  representing all or a portion of the area represented
    35  by the covered office sought, or  a  current  or  former  United  States
    36  senator,  or in the case of a district that encompasses a portion of New
    37  York city, a current or former citywide elected official.
    38    (c) The opposing candidate has received  three  or  more  endorsements
    39  from  other  current  or  former  state,  county, city, town, or village
    40  elected officials who represent all or a part of the area covered by the
    41  election.
    42    (d) In the past ten years, the opposing candidate's  spouse,  domestic
    43  partner,  sibling, parent, or child holds or has held elective office in
    44  an area encompassing all or part of  the  district  represented  by  the
    45  covered office sought.
    46    (e)  The opposing candidate has been deemed eligible to receive public
    47  funds payment for the covered election.
    48    (f) If the general election in that district was within a twenty-point
    49  margin within the last six years.
    50    (g) If an individual is  self-funding  and  has  given  themselves  or
    51  loaned  themselves  twenty-four thousand dollars for senate elections or
    52  ten thousand dollars for assembly elections.
    53    (h) The opposing candidate previously held elected office.
    54    § 6. Section 14-206 of the election law is amended  by  adding  a  new
    55  subdivision 3 to read as follows:
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     1    3.  All  political communications, including but not limited to broad-
     2  cast,  cable  or  satellite  schedules  and   scripts,   advertisements,
     3  pamphlets,  circulars,  flyers, brochures, letterheads and other printed
     4  matter purchased or produced, and statements or information published or
     5  conveyed to five hundred or more members of a general public audience by
     6  computer  or other electronic device, including but not limited to elec-
     7  tronic mail or text message, and paid  internet  or  digital  advertise-
     8  ments,  purchased  in connection with a covered election shall include a
     9  disclosure which says "New York State Public  Campaign  Finance  Program
    10  participant".
    11    §  7.  Section  14-207  of the election law is amended by adding a new
    12  subdivision 3-a to read as follows:
    13    3-a. The PCFB shall develop and administer in person and online train-
    14  ing for individuals to become certified  as  compliance  officers  under
    15  this  title.  Such training shall include information concerning compli-
    16  ance with the rules of the public campaign finance  program,  disclosure
    17  and  record  keeping requirements, obligations of the program, and other
    18  relevant information as determined by the PCFB. The PCFB  shall  promul-
    19  gate  regulations  for the certification of compliance officers pursuant
    20  to this subdivision and shall publish a  list  of  certified  compliance
    21  officers on its website which shall be updated every thirty days.
    22    §  8. Paragraph (c) of subdivision 1 of section 14-208 of the election
    23  law, as added by section 4 of part ZZZ of chapter  58  of  the  laws  of
    24  2020, is amended to read as follows:
    25    (c)  Except as provided in paragraph (b) of this subdivision, the PCFB
    26  shall select not more than one-third of all participating candidates  in
    27  covered  elections  for audit through a lottery which shall be completed
    28  within one year of the election in question. A separate lottery shall be
    29  conducted for each office. The PCFB shall  select  senate  and  assembly
    30  districts  to  be  audited,  auditing  every  candidate in each selected
    31  district, while ensuring that the number of  audited  candidates  within
    32  those  districts  does  not  exceed  fifty  percent of all participating
    33  candidates for the relevant office. The lottery for senate and  assembly
    34  elections  shall  be weighted to increase the likelihood that a district
    35  for the relevant office is audited based on how frequently  it  has  not
    36  been  selected  for  auditing during the past three election cycles. The
    37  PCFB shall promulgate rules  concerning  the  method  of  weighting  the
    38  senate  and assembly lotteries, including provisions for the first three
    39  election cycles for each office.  The names of  candidates selected  for
    40  an  audit  shall  not be disclosed unless there is a declared finding of
    41  wrongdoing by the PCFB.
    42    § 9. Paragraph (c) of subdivision 2 of section 14-208 of the  election
    43  law,  as  added  by  section  4 of part ZZZ of chapter 58 of the laws of
    44  2020, is amended and a new paragraph (d) is added to read as follows:
    45    (c) If [the total sum of contributions received  and  public  matching
    46  payments  from the fund received by a participating candidate and his or
    47  her authorized committee exceed the total campaign expenditures of  such
    48  candidate and authorized committee for all covered elections held in the
    49  same  calendar year or for a special election to fill a vacancy] unspent
    50  public matching funds remain in a participating  candidate's  authorized
    51  committee  bank  account at the end of an election cycle that exceed the
    52  participating candidate's total qualified  campaign  expenditures,  such
    53  candidate  and  committee shall [use such surplus funds to reimburse the
    54  fund for payments received by such authorized committee  from  the  fund
    55  during such calendar year or for such special election] pay the fund the
    56  amount  of  such  surplus.  Participating  candidates  shall  make  such
        A. 7760                             8
 
     1  payments not later than twenty-seven days after all liabilities for  the
     2  election  have  been  paid  and  in any event, not later than the day on
     3  which the PCFB issues its  final  audit  report  for  the  participating
     4  candidate's  authorized  committee;  provided, however, that all unspent
     5  public campaign funds for a participating candidate shall be immediately
     6  due and payable to the PCFB upon a determination by the  PCFB  that  the
     7  participant  has delayed the post-election audit. A participating candi-
     8  date may make post-election expenditures  with  public  funds  only  for
     9  routine  activities involving nominal [cost] costs associated with wind-
    10  ing up a campaign and responding to the post-election audit. Nothing  in
    11  this  title  shall  be  construed  to  prevent a candidate or his or her
    12  authorized committee from using  campaign  contributions  received  from
    13  private contributors for otherwise lawful expenditures.
    14    (d)  Candidates  shall have thirty days to cure any violations identi-
    15  fied by the PCFB in its post-election audit  before  there  may  be  any
    16  declared findings of wrongdoing.
    17    §  10.    Section 14-212 of the election law, as added by section 4 of
    18  part ZZZ of chapter 58 of the laws  of  2020,  is  amended  to  read  as
    19  follows:
    20    § 14-212. Severability.  [If any clause, sentence, or other portion of
    21  paragraph (c) of subdivision two of section  14-203  of  this  title  be
    22  adjudged  by  any  court  of  competent jurisdiction to be invalid, then
    23  subparagraphs (iii) and (iv) of paragraph  (a)  of  subdivision  two  of
    24  section 14-203 of this title shall read as follows:
    25    (iii)  state senator, except as otherwise provided in paragraph (c) of
    26  this subdivision, not  less  than  ten  thousand  dollars  in  matchable
    27  contributions  including  at  least  one  hundred  and  fifty  matchable
    28  contributions in an amount greater than five dollars and no greater than
    29  the limits in this chapter, of which the first two hundred fifty dollars
    30  shall be counted toward this qualifying threshold; and
    31    (iv) member of the assembly, except as otherwise provided in paragraph
    32  (c) of this subdivision, not less than five thousand dollars in  matcha-
    33  ble  contributions  including  at  least seventy-five matchable contrib-
    34  utions in an amount greater than five dollars and no  greater  than  the
    35  limits  in  this  chapter,  of which the first two hundred fifty dollars
    36  shall be counted toward  this  qualifying  threshold.]  If  any  clause,
    37  sentence,  paragraph, subdivision, section or part of this article shall
    38  be determined by any court of competent jurisdiction to be invalid, such
    39  judgment shall not affect, impair or invalidate the  remainder  thereof,
    40  but  shall  be  confined  in  its  operation  to  the particular clause,
    41  sentence, paragraph, subdivision, section or part thereof directly found
    42  invalid in the judgment rendered. It is hereby declared to be the intent
    43  of the legislature that this article would have  been  enacted  even  if
    44  such invalid provisions had not been included herein.
    45    §  12. Section 11 of part ZZZ of chapter 58 of the laws of 2020 amend-
    46  ing the election law relating to  public  financing  for  state  office;
    47  amending  the  state  finance  law relating to establishing the New York
    48  state campaign finance fund; and amending the tax law relating to estab-
    49  lishing the NYS campaign finance fund check-off, is REPEALED.
    50    § 13. This act shall take effect on the ninetieth day after  it  shall
    51  have  become  a  law.    Effective  immediately, the addition, amendment
    52  and/or repeal of any rule or regulation necessary for the implementation
    53  of this act on  its  effective  date  are  authorized  to  be  made  and
    54  completed  by the public campaign finance board on or before such effec-
    55  tive date.
Relates to public campaign financing; repealer

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