S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2734
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 28, 2015
                                      ___________
       Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Elections
       AN ACT to amend the election law, the legislative law, the public  offi-
         cers  law and the state finance law, in relation to the nomination and
         election of delegates to a constitutional convention
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative  findings.  The  legislature hereby finds and
    2  declares that the power of the people of this state to call a  constitu-
    3  tional  convention  to  periodically reevaluate their social contract is
    4  one of the great democratic mechanisms in existence.   It is  important,
    5  however,  to  ensure that the people of this state are fully represented
    6  and have fair access to this important process.
    7    S 2. Subdivision 1 and the opening  paragraph  and  paragraph  (h)  of
    8  subdivision  2  of  section  6-136 of the election law, subdivision 1 as
    9  amended by chapter 200 of the laws of 1996,  the  opening  paragraph  of
   10  subdivision  2  as  amended by chapter 659 of the laws of 1994 and para-
   11  graph (h) of subdivision 2 as amended by chapter 79 of the laws of 1992,
   12  are amended and three new subdivisions 2-a, 4 and 5 are added to read as
   13  follows:
   14    1. Petitions for any office to be filled by the voters of  the  entire
   15  state,  EXCEPT THE OFFICE OF DELEGATE-AT-LARGE TO A CONVENTION TO REVISE
   16  AND AMEND THE STATE CONSTITUTION,  must  be  signed  by  not  less  than
   17  fifteen  thousand  or  five  per  centum, whichever is less, of the then
   18  enrolled voters of the party in the state (excluding voters in  inactive
   19  status), of whom not less than one hundred or five per centum, whichever
   20  is less, of such enrolled voters shall reside in each of one-half of the
   21  congressional districts of the state.  PETITIONS FOR THE OFFICE OF DELE-
   22  GATE-AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION
   23  MUST  BE  SIGNED  BY NOT LESS THAN FIVE THOUSAND OR TWO AND ONE-HALF PER
   24  CENTUM, WHICHEVER IS LESS, OF SUCH ENROLLED VOTERS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00242-01-5
       S. 2734                             2
    1    All other petitions, EXCEPT PETITIONS FOR THE OFFICE OF DISTRICT DELE-
    2  GATE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION, must be
    3  signed by not less than five per centum, as determined by the  preceding
    4  enrollment, of the then enrolled voters of the party residing within the
    5  political  unit  in  which  the  office  or  position is to be voted for
    6  (excluding voters in inactive status), provided, however, that  for  the
    7  following  public  offices  the number of signatures need not exceed the
    8  following limits:
    9    (h) For any office to be filled by all the voters of any state senato-
   10  rial district, EXCEPT THE OFFICE OF DISTRICT DELEGATE TO A CONVENTION TO
   11  REVISE AND AMEND THE STATE CONSTITUTION, one thousand signatures;
   12    2-A. PETITIONS FOR THE OFFICE OF DISTRICT DELEGATE TO A CONVENTION  TO
   13  REVISE  AND AMEND THE STATE CONSTITUTION MUST BE SIGNED BY NOT LESS THAN
   14  FIVE HUNDRED OR TWO AND ONE-HALF PER CENTUM, WHICHEVER IS LESS,  OF  THE
   15  THEN  ENROLLED  VOTERS  OF  THE  PARTY  RESIDING WITHIN THE STATE SENATE
   16  DISTRICT (EXCLUDING VOTERS IN INACTIVE STATUS).
   17    4. IF A PETITION OF A CANDIDATE  FOR  THE  OFFICE  OF  DELEGATE  TO  A
   18  CONVENTION  TO REVISE AND AMEND THE STATE CONSTITUTION IS REJECTED, SUCH
   19  CANDIDATE SHALL BE AFFORDED SEVEN BUSINESS  DAYS  TO  CORRECT  TECHNICAL
   20  ERRORS IN FILED PETITIONS AFTER THE OFFICIAL FILING OF PETITION OR, WHEN
   21  THE  PETITION  IS THE SUBJECT OF A JUDICIAL CHALLENGE WITHIN SEVEN BUSI-
   22  NESS DAYS AFTER THE COMMENCEMENT OF THE LAWSUIT.
   23    5. THE PROVISIONS OF THIS SECTION  SHALL  BE  LIBERALLY  CONSTRUED  TO
   24  AVOID THE DISQUALIFICATION OF CANDIDATES TO THE MAXIMUM EXTENT FEASIBLE,
   25  NOT   INCONSISTENT   WITH   SUBSTANTIAL  COMPLIANCE  THEREWITH  AND  THE
   26  PREVENTION OF FRAUD. "SUBSTANTIAL COMPLIANCE" WITHIN THIS SECTION  MEANS
   27  ACTUAL COMPLIANCE IN RESPECT TO THE SUBSTANCE ESSENTIAL TO EVERY REASON-
   28  ABLE  OBJECTIVE  OF  THE STATUTE. IT MEANS THAT A COURT SHOULD DETERMINE
   29  WHETHER THE STATUTE HAS BEEN FOLLOWED SUFFICIENTLY SO AS  TO  CARRY  OUT
   30  THE INTENT FOR WHICH IT WAS ADOPTED. SUBSTANTIAL COMPLIANCE WITH A STAT-
   31  UTE  IS  NOT  SHOWN  UNLESS IT IS MADE TO APPEAR THAT THE PURPOSE OF THE
   32  STATUTE IS SHOWN TO  HAVE  BEEN  SERVED.  WHAT  CONSTITUTES  SUBSTANTIAL
   33  COMPLIANCE  WITH  A  STATUTE  IS A MATTER DEPENDING ON THE FACTS OF EACH
   34  PARTICULAR CASE.
   35    S 3. Section 7-104 of the election law is amended by  adding  two  new
   36  subdivisions 9 and 10 to read as follows:
   37    9.  AT  A  GENERAL ELECTION AT WHICH THE NAMES OF CANDIDATES FOR DELE-
   38  GATE-AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION
   39  APPEAR ON THE BALLOT, EACH VOTER SHALL  BE  ENTITLED  TO  VOTE  FOR  ONE
   40  CANDIDATE  AND  THE  FIFTEEN  CANDIDATES STATEWIDE RECEIVING THE HIGHEST
   41  NUMBER OF VOTES SHALL BE ELECTED TO THE OFFICE OF  DELEGATE-AT-LARGE  TO
   42  SUCH CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION.
   43    10.  AT  A  GENERAL  ELECTION AT WHICH THE NAMES OF CANDIDATES FOR THE
   44  OFFICE OF DISTRICT DELEGATE TO A CONVENTION  TO  REVISE  AND  AMEND  THE
   45  STATE  CONSTITUTION  APPEAR  ON  THE BALLOT OF SUCH DISTRICT, EACH VOTER
   46  SHALL BE ENTITLED TO VOTE FOR ONE CANDIDATE AND THE THREE CANDIDATES  OF
   47  SUCH  DISTRICT RECEIVING THE HIGHEST NUMBER OF VOTES SHALL BE ELECTED TO
   48  THE OFFICE OF DISTRICT DELEGATES TO SUCH CONVENTION TO REVISE AND  AMEND
   49  THE STATE CONSTITUTION.
   50    S 4. Subdivision 1 of section 14-114 of the election law is amended by
   51  adding a new paragraph b-1 to read as follows:
   52    B-1.  NO  CONTRIBUTOR  MAY  MAKE  A  CONTRIBUTION  TO ANY CANDIDATE OR
   53  AUTHORIZED COMMITTEE OF A CANDIDATE FOR AN OFFICE OR POSITION SUBJECT TO
   54  THE PROVISIONS OF THIS SECTION WHO IS  ALSO  A  CANDIDATE  IN  THE  SAME
   55  ELECTION  FOR  THE OFFICE OF DELEGATE-AT-LARGE OR DISTRICT DELEGATE TO A
   56  CONVENTION TO REVISE AND AMEND  THE  STATE  CONSTITUTION,  AND  NO  SUCH
       S. 2734                             3
    1  CANDIDATE  OR  AUTHORIZED COMMITTEE OF A CANDIDATE FOR DELEGATE-AT-LARGE
    2  OR DISTRICT DELEGATE MAY ACCEPT ANY CONTRIBUTION  FROM  ANY  CONTRIBUTOR
    3  WHICH  IS  IN THE AGGREGATE AMOUNT, GREATER THAN THE LARGER AMOUNT WHICH
    4  MAY BE CONTRIBUTED TO SUCH A CANDIDATE FOR DELEGATE-AT-LARGE OR DISTRICT
    5  DELEGATE  TO  A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION OR
    6  SUCH OTHER OFFICE OR POSITION SUBJECT TO THE PROVISIONS OF THIS SECTION.
    7    S 5. Sections 14-100 through 14-130 of article 14 of the election  law
    8  are  designated  title  1  and  a  new title heading is added to read as
    9  follows:
   10                 GENERAL CAMPAIGN RECEIPTS AND EXPENDITURES
   11    S 6. Article 14 of the election law is amended by adding a new title 2
   12  to read as follows:
   13                                   TITLE II
   14                           STATE PUBLIC FINANCING
   15                             FOR THE ELECTION OF
   16                          DELEGATES TO A CONVENTION
   17                        TO REVISE AND AMEND THE STATE
   18                                CONSTITUTION
   19  SECTION 14-200. DEFINITIONS.
   20          14-202. ELIGIBILITY.
   21          14-204. QUALIFIED CAMPAIGN EXPENDITURES.
   22          14-206. OPTIONAL PUBLIC FINANCING.
   23          14-208. CONTRIBUTION AND RECEIPT LIMITATIONS.
   24          14-210. EXPENDITURE LIMITATIONS.
   25          14-212. EXAMINATIONS AND AUDITS; REPAYMENTS.
   26          14-214. PENALTIES.
   27          14-216. CIVIL PENALTIES.
   28    S 14-200. DEFINITIONS. AS USED IN THIS TITLE, UNLESS  ANOTHER  MEANING
   29  IS CLEARLY INDICATED:
   30    1. THE TERM "STATE BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
   31    2.  THE  TERM  "CANDIDATE"  SHALL  MEAN  A CANDIDATE FOR NOMINATION OR
   32  ELECTION TO THE OFFICE OF DELEGATE-AT-LARGE TO A  CONVENTION  TO  REVISE
   33  AND  AMEND  THE  STATE  CONSTITUTION,  OR  A CANDIDATE FOR NOMINATION OR
   34  ELECTION TO THE OFFICE OF DISTRICT DELEGATE TO A  CONVENTION  TO  REVISE
   35  AND AMEND THE STATE CONSTITUTION.
   36    3.  THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE WHO MEETS THE
   37  REQUIREMENTS FOR ELIGIBILITY IN SECTION 14-202 OF THIS TITLE.
   38    4. THE TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION  OF  THE
   39  AGGREGATE  CONTRIBUTIONS  MADE AFTER THE EFFECTIVE DATE OF THIS TITLE BY
   40  NATURAL PERSONS RESIDENT IN THE STATE OF NEW YORK  TO  A  CANDIDATE  FOR
   41  NOMINATION  OR  ELECTION TO ANY OF THE OFFICES COVERED BY THE PROVISIONS
   42  OF THIS TITLE WHICH DO NOT EXCEED FIVE HUNDRED DOLLARS, WHICH HAVE  BEEN
   43  REPORTED  IN  FULL  BY THE CANDIDATE'S AUTHORIZED COMMITTEE TO THE STATE
   44  BOARD, INCLUDING THE CONTRIBUTOR'S FULL  NAME  AND  RESIDENTIAL  ADDRESS
   45  AND, WITH RESPECT TO CONTRIBUTIONS OF MORE THAN ONE HUNDRED DOLLARS, THE
   46  NAME  AND  ADDRESS  OF  THE  CONTRIBUTOR'S EMPLOYER. "MATCHABLE CONTRIB-
   47  UTIONS" SHALL BE THE NET AMOUNT OF ANY MONETARY CONTRIBUTION REALIZED BY
   48  A CANDIDATE OR DESIGNATED COMMITTEE AFTER DEDUCTING THE REASONABLE VALUE
   49  OF ANY GOODS OR SERVICES PROVIDED THE CONTRIBUTOR IN CONNECTION WITH THE
   50  CONTRIBUTION, EXCEPT THAT CONTRIBUTIONS FROM ANY PERSON WHO HAS RECEIVED
   51  A PAYMENT OR ANYTHING OF VALUE FROM SUCH COMMITTEE OR FROM A PERSON  WHO
   52  IS  AN  OFFICER,  DIRECTOR  OR  EMPLOYEE  OF,  OR A PERSON WHO HAS A TEN
   53  PERCENT OR GREATER OWNERSHIP INTEREST IN ANY ENTITY WHICH  HAS  RECEIVED
   54  SUCH  A PAYMENT OR THING OF VALUE SHALL NOT BE MATCHABLE. A LOAN MAY NOT
       S. 2734                             4
    1  BE TREATED AS A MATCHABLE CONTRIBUTION. FOR PURPOSES  OF  THIS  SUBDIVI-
    2  SION,  A "CONTRIBUTOR" SHALL BE DEEMED TO INCLUDE THE SPOUSE AND UNEMAN-
    3  CIPATED CHILDREN OF ANY INDIVIDUAL CONTRIBUTOR.
    4    5. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
    5  FOR WHICH PUBLIC FUNDS MAY BE USED.
    6    6.  THE  TERM  "FUND"  SHALL  MEAN  THE NEW YORK STATE DELEGATE TO THE
    7  CONSTITUTIONAL CONVENTION CAMPAIGN FINANCE FUND ESTABLISHED  IN  SECTION
    8  EIGHTY-ONE OF THE STATE FINANCE LAW.
    9    7. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL
   10  MATCHABLE  CONTRIBUTIONS  THAT  THE AUTHORIZED COMMITTEE OF AN OTHERWISE
   11  ELIGIBLE CANDIDATE FOR ELECTION MUST RECEIVE IN  ORDER  TO  QUALIFY  FOR
   12  OPTIONAL PUBLIC FINANCING PURSUANT TO THIS TITLE.
   13    S 14-202. ELIGIBILITY. 1. TO BE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING
   14  UNDER THIS TITLE, A CANDIDATE FOR NOMINATION OR ELECTION MUST:
   15    (A)  MEET ALL THE REQUIREMENTS OF THIS CHAPTER AND OTHER PROVISIONS OF
   16  LAW TO HAVE HIS OR HER NAME ON THE BALLOT;
   17    (B) BE A CANDIDATE AS DEFINED IN SECTION 14-200 OF  THIS  TITLE  AT  A
   18  PRIMARY  OR  GENERAL ELECTION AND MEET THE THRESHOLD FOR ELIGIBILITY SET
   19  FORTH IN SUBDIVISION TWO OF THIS SECTION;
   20    (C) ELECT TO PARTICIPATE IN THE  PUBLIC  FUNDING  PROVISIONS  OF  THIS
   21  TITLE  NOT  LATER THAN SEVEN DAYS AFTER THE LAST DAY TO FILE DESIGNATING
   22  PETITIONS FOR THE OFFICE SUCH CANDIDATE IS SEEKING;
   23    (D) AGREE TO OBTAIN AND FURNISH TO THE STATE BOARD ANY EVIDENCE IT MAY
   24  REASONABLY REQUEST RELATING TO  HIS  OR  HER  CAMPAIGN  EXPENDITURES  OR
   25  CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE WITH THIS TITLE
   26  AS MAY BE REQUESTED BY THE STATE BOARD;
   27    (E)  HAVE  A  SINGLE  AUTHORIZED  POLITICAL  COMMITTEE WHICH HE OR SHE
   28  CERTIFIES AS THE AUTHORIZED COMMITTEE FOR THE PURPOSES OF THIS TITLE;
   29    (F) AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE  PERSON
   30  OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL; AND
   31    (G)  AGREE  NOT TO MAKE EXPENDITURES FOR HIS OR HER DESIGNATION, NOMI-
   32  NATION OR ELECTION TO MORE THAN ONE OFFICE OR POSITION OR  ANY  COMBINA-
   33  TION  THEREOF ON THE BALLOT IN THE SAME ELECTION IN WHICH HE OR SHE IS A
   34  CANDIDATE FOR THE OFFICE OF DELEGATE-AT-LARGE OR DISTRICT DELEGATE TO  A
   35  CONVENTION  TO  REVISE  AND  AMEND  THE STATE CONSTITUTION, WHICH IN THE
   36  AGGREGATE, FOR ALL SUCH OFFICES AND POSITIONS SOUGHT  AT  THE  ELECTION,
   37  EXCEED  THE  EXPENDITURE  LIMITATIONS  ESTABLISHED  BY THIS TITLE FOR AN
   38  ELIGIBLE CANDIDATE.
   39    2. THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES  IN
   40  A PRIMARY OR GENERAL ELECTION FOR THE FOLLOWING OFFICES SHALL BE:
   41    (A)  A  CANDIDATE  FOR DELEGATE-AT-LARGE TO A CONVENTION TO REVISE AND
   42  AMEND THE STATE CONSTITUTION IN A PRIMARY ELECTION OR  A  CANDIDATE  FOR
   43  DELEGATE-AT-LARGE  TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTI-
   44  TUTION IN A  GENERAL  ELECTION.  NOT  LESS  THAN  SEVENTY-FIVE  THOUSAND
   45  DOLLARS  IN MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST FIVE HUNDRED SUCH
   46  CONTRIBUTIONS OF TEN DOLLARS OR MORE  OR  ONE-HALF  OF  THE  EXPENDITURE
   47  LIMIT, WHICHEVER IS LESS.
   48    (B)  DISTRICT  DELEGATE  TO A CONVENTION TO REVISE AND AMEND THE STATE
   49  CONSTITUTION IN A PRIMARY OR GENERAL ELECTION. NOT LESS THAN SEVEN THOU-
   50  SAND FIVE HUNDRED DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING AT  LEAST
   51  TWENTY-FIVE  SUCH CONTRIBUTIONS OF TEN DOLLARS OR MORE FROM RESIDENTS OF
   52  THE DISTRICT IN WHICH THE SEAT IS  TO  BE  FILLED  OR  ONE-HALF  OF  THE
   53  EXPENDITURE LIMIT, WHICHEVER IS LESS.
   54    3.  IN  ORDER  TO  BE  ELIGIBLE  TO  RECEIVE PUBLIC FUNDS IN A PRIMARY
   55  ELECTION, A CANDIDATE MUST AGREE THAT IN THE EVENT SUCH CANDIDATE  IS  A
   56  CANDIDATE  FOR  SUCH  OFFICE  IN THE GENERAL ELECTION IN SUCH YEAR, SUCH
       S. 2734                             5
    1  CANDIDATE WILL BE BOUND BY THE PROVISIONS  OF  THIS  TITLE  AND  SECTION
    2  EIGHTY-ONE  OF THE STATE FINANCE LAW, INCLUDING, BUT NOT LIMITED TO, THE
    3  RECEIPT AND EXPENDITURE LIMITS OF THIS TITLE.
    4    4.  CANDIDATES  FOR  DISTRICT  DELEGATE WHO ARE CONTESTED IN A PRIMARY
    5  ELECTION AND WHO DO NOT SEEK PUBLIC FUNDS  SHALL  NOT  BE  ELIGIBLE  FOR
    6  PUBLIC FUNDS FOR THE GENERAL ELECTION IN THAT YEAR.
    7    5.  CANDIDATES  WHO  ARE  UNOPPOSED IN A GENERAL ELECTION SHALL NOT BE
    8  ELIGIBLE TO RECEIVE PUBLIC FUNDS.
    9    6. NO CANDIDATE FOR ELECTION TO AN OFFICE  IN  A  PRIMARY  OR  GENERAL
   10  ELECTION  WHO  HAS  QUALIFIED FOR PUBLIC FUNDS SHALL RECEIVE SUCH PUBLIC
   11  FUNDS UNLESS AT LEAST ONE  OTHER  CANDIDATE  FOR  SUCH  OFFICE  IN  SUCH
   12  ELECTION  ALSO  QUALIFIED  TO RECEIVE PUBLIC FUNDS OR AT LEAST ONE OTHER
   13  CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION AND SUCH CANDIDATE'S  AUTHOR-
   14  IZED  COMMITTEE HAVE SPENT, OR CONTRACTED OR OBLIGATED TO SPEND, OR HAVE
   15  RECEIVED IN LOANS OR CONTRIBUTIONS AN AMOUNT EXCEEDING  TEN  PERCENT  OF
   16  THE EXPENDITURE LIMIT FOR SUCH OFFICE IN SUCH ELECTION WHICH IS FIXED BY
   17  THIS  TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH PUBLIC FUNDS.
   18  IF A CANDIDATE FOR AN OFFICE AND THE AUTHORIZED COMMITTEE OF SUCH CANDI-
   19  DATE REACHES THE THRESHOLD TO QUALIFY TO RECEIVE PUBLIC FUNDS, OR SPENDS
   20  OR CONTRACTS OR OBLIGATES TO SPEND, OR RECEIVES  IN  LOANS  OR  CONTRIB-
   21  UTIONS,  AN  AMOUNT  EXCEEDING  TEN PERCENT OF THE EXPENDITURE LIMIT FOR
   22  SUCH OFFICE IN SUCH ELECTION AT ANY TIME AFTER THE FILING  DEADLINE  FOR
   23  THE  LAST  REPORT  REQUIRED TO BE FILED BEFORE THE FIRST DISTRIBUTION OF
   24  PUBLIC FUNDS FOR SUCH ELECTION, SUCH CANDIDATE OR COMMITTEE MUST  NOTIFY
   25  THE STATE BOARD OF THAT FACT WITHIN FORTY-EIGHT HOURS BY EXPRESS MAIL.
   26    S  14-204.  QUALIFIED  CAMPAIGN EXPENDITURES. 1. PUBLIC FUNDS PROVIDED
   27  UNDER THE PROVISIONS OF THIS TITLE AND SECTION EIGHTY-ONE OF  THE  STATE
   28  FINANCE  LAW  MAY  ONLY  BE  USED  FOR EXPENDITURES BY ANY ONE COMMITTEE
   29  AUTHORIZED BY THE CANDIDATE TO MAKE  EXPENDITURES  ON  SUCH  CANDIDATE'S
   30  BEHALF,  TO  FURTHER  THE  CANDIDATE'S NOMINATION OR ELECTION DURING THE
   31  CALENDAR YEAR IN WHICH THE PRIMARY OR  GENERAL  ELECTION  IN  WHICH  THE
   32  CANDIDATE  SEEKING NOMINATION OR ELECTION IS HELD, FOR SERVICES, MATERI-
   33  ALS, FACILITIES OR OTHER THINGS OF VALUE  USED  DURING  THAT  YEAR.  THE
   34  TOTAL  OF  ALL  EXPENDITURES  MADE BY THE CANDIDATE AND SUCH CANDIDATE'S
   35  AUTHORIZED COMMITTEE, INCLUDING ALL PAYMENTS  RECEIVED  FROM  THE  FUND,
   36  SHALL  NOT  EXCEED  THE  EXPENDITURE  LIMITATIONS ESTABLISHED IN SECTION
   37  14-210 OF THIS TITLE, EXCEPT INSOFAR AS SUCH PAYMENTS ARE MADE TO  REPAY
   38  LOANS USED TO PAY CAMPAIGN EXPENDITURES.
   39    2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
   40    (A)  AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR OF
   41  THIS STATE;
   42    (B) PAYMENTS OR ANYTHING OF VALUE GIVEN OR MADE TO  THE  CANDIDATE,  A
   43  RELATIVE  OF  THE  CANDIDATE,  OR TO A BUSINESS ENTITY IN WHICH ANY SUCH
   44  PERSON HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF  WHICH  ANY
   45  SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE;
   46    (C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS,
   47  FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
   48    (D)  ANY  EXPENDITURE  MADE AFTER THE CANDIDATE, OR THE ONLY REMAINING
   49  OPPONENT OF THE CANDIDATE, HAS BEEN DISQUALIFIED OR HAD SUCH CANDIDATE'S
   50  PETITIONS DECLARED INVALID BY A BOARD OF ELECTIONS OR A COURT OF  COMPE-
   51  TENT  JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER
   52  AUTHORITY. THIS PARAGRAPH SHALL NOT APPLY TO  A  CANDIDATE  ENTITLED  TO
   53  EXPEND  PUBLIC  FUNDS PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF
   54  SECTION 14-206 OF THIS TITLE;
       S. 2734                             6
    1    (E) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION  OF
    2  DESIGNATION  OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
    3  AUTHORIZATION, DECLINATION OR SUBSTITUTION;
    4    (F)  EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR ENTERTAINMENT;
    5  AND
    6    (G) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER CAMPAIGN MATERI-
    7  AL.
    8    S 14-206. OPTIONAL PUBLIC FINANCING. 1. ELIGIBLE CANDIDATES FOR  NOMI-
    9  NATION  OR  ELECTION IN PRIMARY AND GENERAL ELECTIONS MAY OBTAIN PAYMENT
   10  TO AUTHORIZED  COMMITTEES  FROM  PUBLIC  FUNDS  FOR  QUALIFIED  CAMPAIGN
   11  EXPENDITURES.  NO  SUCH  PUBLIC  FUNDS  SHALL  BE  PAID TO AN AUTHORIZED
   12  COMMITTEE UNTIL THE CANDIDATE HAS QUALIFIED AS AN ELIGIBLE CANDIDATE AND
   13  FILED A SWORN STATEMENT WITH THE STATE BOARD ELECTING TO RECEIVE  PUBLIC
   14  FUNDS  AND  AGREEING  TO  ABIDE  BY  THE  REQUIREMENTS OF THIS TITLE AND
   15  SECTION EIGHTY-ONE OF THE STATE FINANCE LAW. PAYMENTS SHALL  NOT  EXCEED
   16  THE  AMOUNTS  SPECIFIED IN THIS TITLE, AND SHALL BE MADE ONLY IN ACCORD-
   17  ANCE WITH THE PROVISIONS OF THIS TITLE AND  SECTION  EIGHTY-ONE  OF  THE
   18  STATE  FINANCE LAW. SUCH PAYMENTS MAY ONLY BE MADE TO AN ELIGIBLE CANDI-
   19  DATE'S AUTHORIZED COMMITTEE. NO PUBLIC FUNDS SHALL  BE  USED  EXCEPT  AS
   20  REIMBURSEMENT  OR  PAYMENT  FOR QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY
   21  AND LAWFULLY INCURRED OR TO REPAY LOANS USED TO PAY  QUALIFIED  CAMPAIGN
   22  EXPENDITURES.
   23    2.  (A)  THE  AUTHORIZED COMMITTEE OF EACH ELIGIBLE CANDIDATE SHALL BE
   24  ENTITLED TO PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES  NOT  TO  EXCEED
   25  ONE  DOLLAR  FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS OBTAINED AND
   26  REPORTED TO THE STATE BOARD IN ACCORDANCE WITH THE  PROVISIONS  OF  THIS
   27  TITLE.
   28    (B)  HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR WHICH
   29  PUBLIC FUNDS ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS TITLE  AND
   30  SECTION  EIGHTY-ONE  OF THE STATE FINANCE LAW, ELECTS NOT TO ACCEPT SUCH
   31  PUBLIC FUNDS AND SUCH CANDIDATE AND SUCH CANDIDATE'S AUTHORIZED  COMMIT-
   32  TEE  SPEND  OR  CONTRACT  OR  OBLIGATE  TO SPEND, OR RECEIVE IN LOANS OR
   33  CONTRIBUTIONS, AN AMOUNT EXCEEDING ONE-THIRD OF  THE  EXPENDITURE  LIMIT
   34  FOR  SUCH  OFFICE FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO
   35  ACCEPT SUCH PUBLIC FUNDS, THEN THE AUTHORIZED COMMITTEE OF EACH ELIGIBLE
   36  CANDIDATE FOR SUCH OFFICE SHALL BE ENTITLED  TO  PAYMENT  FOR  QUALIFIED
   37  CAMPAIGN  EXPENDITURES NOT TO EXCEED TWO DOLLARS FOR EACH SUCH DOLLAR OF
   38  MATCHABLE CONTRIBUTIONS. IF A CANDIDATE WHO ELECTS NOT  TO  ACCEPT  SUCH
   39  PUBLIC FUNDS, OR THE AUTHORIZED COMMITTEE OF SUCH A CANDIDATE, SPENDS OR
   40  CONTRACTS  OR OBLIGATES TO SPEND, OR RECEIVES IN LOANS OR CONTRIBUTIONS,
   41  AN AMOUNT EXCEEDING ONE-THIRD OF THE EXPENDITURE LIMIT FOR SUCH  OFFICE,
   42  SUCH  CANDIDATE  OR  COMMITTEE  MUST  NOTIFY THE STATE BOARD OF THE FACT
   43  WITHIN FORTY-EIGHT HOURS BY EXPRESS MAIL.
   44    3. NO CANDIDATE FOR NOMINATION FOR AN OFFICE WHO  IS  UNOPPOSED  IN  A
   45  PRIMARY  ELECTION  SHALL BE ENTITLED TO PAYMENT FROM THE FUND FOR QUALI-
   46  FIED CAMPAIGN EXPENDITURES, UNLESS THERE IS A CONTEST  IN  SUCH  PRIMARY
   47  FOR  THE  NOMINATION  OF AT LEAST ONE OTHER PARTY FOR SUCH OFFICE. WHERE
   48  THERE IS SUCH A CONTEST, THE AUTHORIZED COMMITTEE OF AN UNOPPOSED CANDI-
   49  DATE FOR NOMINATION MAY RECEIVE ONE-HALF  OF  THE  PAYMENT  PROVIDED  IN
   50  SUBDIVISION  TWO OF THIS SECTION, PROVIDED THAT SUCH CANDIDATE OTHERWISE
   51  QUALIFIES PURSUANT TO THE PROVISIONS OF THIS  TITLE.  SUCH  PAYMENT  MAY
   52  ONLY  BE EXPENDED FOR PROPERTY, SERVICES OR FACILITIES USED ON OR BEFORE
   53  THE DATE OF SUCH PRIMARY.
   54    4. THE TOTAL PAYMENTS FROM THE FUND RECEIVED BY THE AUTHORIZED COMMIT-
   55  TEE OF ANY CANDIDATE, WHEN ADDED TO THE TOTAL OF CONTRIBUTIONS  RECEIVED
   56  BY  SUCH  CANDIDATE  AND  SUCH CANDIDATE'S AUTHORIZED COMMITTEE, MAY NOT
       S. 2734                             7
    1  EXCEED THE AMOUNT WHICH MAY BE EXPENDED BY SUCH  CANDIDATE  PURSUANT  TO
    2  THE PROVISIONS OF THIS TITLE.
    3    5. THE STATE BOARD SHALL PROMPTLY EXAMINE ALL REPORTS OF CONTRIBUTIONS
    4  TO DETERMINE THAT, ON THEIR FACE, THEY MEET THE REQUIREMENTS FOR MATCHA-
    5  BLE CONTRIBUTIONS, AND SHALL KEEP A RECORD OF SUCH CONTRIBUTIONS.
    6    6.  THE STATE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION
    7  FOR APPROVAL OF PAYMENT BY THE NEW YORK STATE DELEGATE TO THE  CONSTITU-
    8  TIONAL  CONVENTION  CAMPAIGN FINANCE FUND PURSUANT TO SECTION EIGHTY-ONE
    9  OF THE STATE FINANCE LAW OF THE SUM OF PUBLIC FUNDS THAT SUCH  CANDIDATE
   10  HAS QUALIFIED TO RECEIVE FROM THE NEW YORK STATE DELEGATE TO THE CONSTI-
   11  TUTIONAL  CONVENTION  CAMPAIGN  FINANCE  FUND.   THESE REGULATIONS SHALL
   12  INCLUDE THE PROMULGATION AND DISTRIBUTION OF  FORMS  ON  WHICH  CONTRIB-
   13  UTIONS  AND  EXPENDITURES  ARE  TO BE REPORTED, THE PERIODS DURING WHICH
   14  SUCH REPORTS MUST BE FILED AND  THE  VERIFICATION  REQUIRED.  THE  STATE
   15  BOARD  SHALL  ENDEAVOR  TO INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE
   16  PAYMENT BY THE NEW YORK STATE DELEGATE TO THE CONSTITUTIONAL  CONVENTION
   17  CAMPAIGN  FINANCE  FUND  WITHIN  FOUR BUSINESS DAYS AFTER RECEIPT OF THE
   18  REQUIRED FORMS AND VERIFICATIONS.
   19    S 14-208. CONTRIBUTION AND RECEIPT LIMITATIONS. 1. THE FOLLOWING LIMI-
   20  TATIONS APPLY TO ALL CONTRIBUTIONS FOR THOSE OFFICES  FOR  WHICH  PUBLIC
   21  FUNDS ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS TITLE AND SECTION
   22  EIGHTY-ONE OF THE STATE FINANCE LAW:
   23    (A) IN ANY PRIMARY OR GENERAL ELECTION FOR A PUBLIC OFFICE TO BE VOTED
   24  ON BY THE VOTERS OF THE ENTIRE STATE, NO CONTRIBUTOR MAY MAKE A CONTRIB-
   25  UTION  TO  ANY  CANDIDATE  OR  AUTHORIZED COMMITTEE, AND NO CANDIDATE OR
   26  AUTHORIZED COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM  ANY  CONTRIBUTOR,
   27  WHICH, IN THE AGGREGATE AMOUNT, IS GREATER THAN FOUR THOUSAND DOLLARS. A
   28  CANDIDATE  FOR DELEGATE-AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE
   29  STATE CONSTITUTION IN A GENERAL ELECTION WHO HAS ELECTED TO  PARTICIPATE
   30  IN  THE  OPTIONAL  PUBLIC  FINANCING PROVISIONS OF THIS TITLE MAY ACCEPT
   31  FROM ONE OR MORE OF THE PARTY COMMITTEES OR  CONSTITUTED  COMMITTEES  OF
   32  ALL THE PARTIES WHICH HAVE NOMINATED SUCH CANDIDATE, AN AMOUNT WHICH, IN
   33  THE  AGGREGATE,  DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS.  A CANDI-
   34  DATE FOR DELEGATE-AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE STATE
   35  CONSTITUTION IN A GENERAL ELECTION WHO HAS ELECTED NOT TO PARTICIPATE IN
   36  SUCH OPTIONAL PUBLIC FINANCING MAY ACCEPT FROM SUCH PARTY OR CONSTITUTED
   37  COMMITTEE AN AMOUNT, WHICH IN THE AGGREGATE, DOES NOT EXCEED FIFTY THOU-
   38  SAND DOLLARS.
   39    (B) IN ANY PRIMARY OR GENERAL ELECTION  FOR  DISTRICT  DELEGATE  TO  A
   40  CONVENTION  TO  REVISE  AND AMEND THE STATE CONSTITUTION, NO CONTRIBUTOR
   41  MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR AUTHORIZED COMMITTEE, AND NO
   42  CANDIDATE OR AUTHORIZED COMMITTEE MAY ACCEPT ANY CONTRIBUTION  FROM  ANY
   43  CONTRIBUTOR,  WHICH,  IN THE AGGREGATE AMOUNT, IS GREATER THAN ONE THOU-
   44  SAND FIVE HUNDRED DOLLARS, EXCEPT THAT A CANDIDATE FOR DISTRICT DELEGATE
   45  TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION IN A  GENERAL
   46  ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING
   47  PROVISIONS  OF  THIS  TITLE OR SUCH CANDIDATE'S AUTHORIZED COMMITTEE MAY
   48  ACCEPT FROM ONE OR MORE OF THE PARTY OR CONSTITUTED COMMITTEES OF ALL OF
   49  THE PARTIES WHICH HAVE NOMINATED SUCH CANDIDATE, AN AMOUNT WHICH IN  THE
   50  AGGREGATE  DOES  NOT  EXCEED  FIFTY  THOUSAND  DOLLARS.  A CANDIDATE FOR
   51  DISTRICT DELEGATE TO A CONVENTION TO REVISE AND AMEND THE STATE  CONSTI-
   52  TUTION  WHO  HAS  ELECTED  NOT  TO  PARTICIPATE  IN SUCH OPTIONAL PUBLIC
   53  FINANCING MAY ACCEPT FROM SUCH PARTY OR CONSTITUTED COMMITTEES AN AMOUNT
   54  WHICH, IN THE AGGREGATE, DOES NOT EXCEED THIRTY THOUSAND DOLLARS.
   55    (C) HOWEVER, IF ANY CANDIDATE ELECTS NOT TO ACCEPT SUCH  PUBLIC  FUNDS
   56  AND  SUCH  CANDIDATE  AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE SPEND OR
       S. 2734                             8
    1  CONTRACT OR OBLIGATE TO SPEND, OR RECEIVE IN LOANS OR CONTRIBUTIONS,  AN
    2  AMOUNT  EXCEEDING  ONE-THIRD  OF  THE  EXPENDITURE LIMIT FOR SUCH OFFICE
    3  FIXED BY THIS TITLE FOR CANDIDATES  WHO  HAVE  ELECTED  TO  ACCEPT  SUCH
    4  PUBLIC  FUNDS, CONTRIBUTORS TO THOSE CANDIDATES FOR SUCH OFFICE WHO HAVE
    5  ELECTED TO RECEIVE PUBLIC FUNDS SHALL BE ALLOWED TO CONTRIBUTE AND  SUCH
    6  CANDIDATES  OR AUTHORIZED COMMITTEES SHALL BE ALLOWED TO ACCEPT CONTRIB-
    7  UTIONS FROM ANY CONTRIBUTOR, WHICH, IN  THE  AGGREGATE,  ARE  TWICE  THE
    8  AMOUNT  WHICH  WOULD  OTHERWISE  BE ALLOWED BY PARAGRAPHS (A) AND (B) OF
    9  THIS SUBDIVISION, WHICHEVER IS APPLICABLE. IF A CANDIDATE WHO ELECTS NOT
   10  TO ACCEPT SUCH PUBLIC FUNDS, AND THE  AUTHORIZED  COMMITTEE  OF  SUCH  A
   11  CANDIDATE  SPENDS  OR  CONTRACTS  OR  OBLIGATES TO SPEND, OR RECEIVES IN
   12  LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING ONE-THIRD OF THE EXPENDITURE
   13  LIMIT FOR SUCH OFFICE, SUCH CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE
   14  BOARD OF THAT FACT WITHIN FORTY-EIGHT HOURS BY EXPRESS MAIL.
   15    (D) SIXTY DAYS BEFORE AN ELECTION AT WHICH  A  BALLOT  QUESTION  WHICH
   16  ASKS  THE  VOTERS  OF THE STATE IF THERE SHALL BE A CONVENTION TO REVISE
   17  AND AMEND THE STATE CONSTITUTION IS ON THE BALLOT, THE STATE BOARD SHALL
   18  DETERMINE THE PERCENTAGE DIFFERENCE BETWEEN THE  MOST  RECENT  AVAILABLE
   19  MONTHLY  CONSUMER  PRICE  INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY THE
   20  UNITED STATES BUREAU OF LABOR STATISTICS AND SUCH CONSUMER  PRICE  INDEX
   21  PUBLISHED FOR THE SAME MONTH AT THE END OF TWO THOUSAND ONE.  THE AMOUNT
   22  OF  EACH  CONTRIBUTION LIMIT FIXED IN THIS SUBDIVISION SHALL BE ADJUSTED
   23  BY THE AMOUNT OF SUCH PERCENTAGE DIFFERENCE TO THE CLOSEST  ONE  HUNDRED
   24  DOLLARS  BY  THE  STATE  BOARD, WHICH SHALL FORTHWITH ISSUE A REGULATION
   25  SETTING FORTH THE AMOUNT OF EACH SUCH CONTRIBUTION LIMIT.  EACH CONTRIB-
   26  UTION LIMIT AS SO ADJUSTED SHALL BE THE CONTRIBUTION LIMIT IN EFFECT FOR
   27  ANY ELECTION HELD BEFORE THE NEXT SUCH ADJUSTMENT.
   28    2. A COMMITTEE WHICH HAS BEEN AUTHORIZED BY A PERSON WHO IS  A  CANDI-
   29  DATE  FOR  DELEGATE-AT-LARGE  OR  DISTRICT  DELEGATE  TO A CONVENTION TO
   30  REVISE AND AMEND THE STATE CONSTITUTION IN CONNECTION WITH SUCH PERSON'S
   31  CANDIDACY FOR ANOTHER OFFICE OR POSITION MAY NOT BE  DESIGNATED  AS  THE
   32  AUTHORIZED  COMMITTEE FOR THE ELECTION FOR DELEGATE-AT-LARGE OR DISTRICT
   33  DELEGATE TO THE CONVENTION TO REVISE AND AMEND THE  STATE  CONSTITUTION.
   34  SUCH COMMITTEE MAY NOT CONTRIBUTE TO SUCH CANDIDATE AND SUCH CANDIDATE'S
   35  AUTHORIZED  COMMITTEE  FOR  THE  OFFICE OF DELEGATE-AT-LARGE OR DISTRICT
   36  DELEGATE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION  ANY
   37  MORE  THAN  THE  CONTRIBUTION  LIMIT FOR SUCH OFFICE ESTABLISHED BY THIS
   38  TITLE, NOR SHALL SUCH OTHER AUTHORIZED COMMITTEE TRANSFER ANY  MONEY  OR
   39  THING  OF  VALUE  TO  SUCH CANDIDATE OR THE COMMITTEE AUTHORIZED BY SUCH
   40  CANDIDATE FOR THE ELECTION FOR DELEGATE-AT-LARGE OR DISTRICT DELEGATE TO
   41  A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION.
   42    3. EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS  SECTION,
   43  SUCH  ELIGIBLE  CANDIDATES SHALL BE SUBJECT TO THE PROVISIONS OF SECTION
   44  14-114 OF THIS ARTICLE.
   45    S 14-210. EXPENDITURE LIMITATIONS. 1. THE FOLLOWING LIMITATIONS  APPLY
   46  TO  ALL EXPENDITURES BY ELIGIBLE CANDIDATES AND THEIR AUTHORIZED COMMIT-
   47  TEES RECEIVING PUBLIC FUNDS PURSUANT TO THE PROVISIONS OF THIS TITLE AND
   48  SECTION EIGHTY-ONE OF THE STATE FINANCE LAW.
   49    2. (A) IN ANY PRIMARY ELECTION, EXPENDITURES  BY  ELIGIBLE  CANDIDATES
   50  FOR  DELEGATE-AT-LARGE  TO  A  CONVENTION  TO REVISE AND AMEND THE STATE
   51  CONSTITUTION AND THEIR AUTHORIZED COMMITTEES, INCLUDING EXPENDITURES FOR
   52  NOMINATION TO ANY OTHER OFFICE OR POSITION FOR WHICH SUCH  PERSON  IS  A
   53  CANDIDATE  AT  SUCH  ELECTION,  SHALL NOT EXCEED THE SUM OF SEVENTY-FIVE
   54  CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S PARTY IN THE STATE,  OR
   55  TWO  HUNDRED  FIFTY THOUSAND DOLLARS, WHICHEVER IS GREATER, AND EXPENDI-
   56  TURES BY ELIGIBLE CANDIDATES FOR DISTRICT DELEGATE TO  A  CONVENTION  TO
       S. 2734                             9
    1  REVISE  AND AMEND THE STATE CONSTITUTION AND THEIR AUTHORIZED COMMITTEES
    2  SHALL NOT EXCEED THE SUM OF ONE DOLLAR AND SEVENTY-FIVE CENTS  FOR  EACH
    3  VOTER  ENROLLED  IN  THE CANDIDATE'S PARTY IN THE DISTRICT IN WHICH SUCH
    4  CANDIDATE IS A CANDIDATE AS DETERMINED BY THE RECORDS OF THE APPROPRIATE
    5  BOARD  OR  BOARDS  OF ELECTION AS OF THE LAST GENERAL ELECTION PRECEDING
    6  THE PRIMARY ELECTION, OR FIFTEEN THOUSAND DOLLARS, WHICHEVER IS GREATER.
    7  HOWEVER, SUCH  EXPENDITURES  SHALL  NOT  EXCEED  FIVE  HUNDRED  THOUSAND
    8  DOLLARS  IN  A PRIMARY ELECTION FOR DELEGATE-AT-LARGE TO A CONVENTION TO
    9  REVISE AND AMEND THE STATE CONSTITUTION, AND THIRTY THOUSAND DOLLARS  IN
   10  A  PRIMARY  ELECTION FOR DISTRICT DELEGATE TO A CONVENTION TO REVISE AND
   11  AMEND THE STATE CONSTITUTION.
   12    (B) IN ANY GENERAL ELECTION, EXPENDITURES BY ELIGIBLE  CANDIDATES  FOR
   13  THE FOLLOWING OFFICES AND THEIR DESIGNATED COMMITTEES, INCLUDING EXPEND-
   14  ITURES  FOR  ELECTION  TO  ANY  OTHER  OFFICE FOR WHICH SUCH PERSON IS A
   15  CANDIDATE AT SUCH ELECTION, SHALL NOT EXCEED THE FOLLOWING AMOUNTS:
   16  FOR A CANDIDATE FOR:
   17  DELEGATE-AT-LARGE
   18  TO A CONVENTION TO REVISE AND
   19  AMEND THE STATE CONSTITUTION       $1,500,000
   20  DISTRICT DELEGATE
   21  TO A CONVENTION TO REVISE AND
   22  AMEND THE STATE CONSTITUTION       $150,000
   23    (C) HOWEVER, IF ANY CANDIDATE ELECTS NOT TO ACCEPT SUCH  PUBLIC  FUNDS
   24  AND  SUCH  CANDIDATE  AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE SPEND OR
   25  CONTRACT OR OBLIGATE TO SPEND, OR RECEIVE IN LOANS OR CONTRIBUTIONS,  AN
   26  AMOUNT  EXCEEDING  ONE-THIRD  OF  THE  EXPENDITURE LIMIT FOR SUCH OFFICE
   27  FIXED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, WHICHEVER IS APPLICA-
   28  BLE, FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH PUBLIC FUNDS,  THERE
   29  SHALL  BE  NO EXPENDITURE LIMIT FOR THOSE CANDIDATES FOR SUCH OFFICE WHO
   30  HAVE ELECTED TO RECEIVE PUBLIC FUNDS. IF A CANDIDATE WHO ELECTS  NOT  TO
   31  ACCEPT  SUCH PUBLIC FUNDS, AND SUCH CANDIDATE AND THE AUTHORIZED COMMIT-
   32  TEE OF SUCH A CANDIDATE SPENDS OR CONTRACTS OR OBLIGATES  TO  SPEND,  OR
   33  RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING ONE-THIRD OF THE
   34  EXPENDITURE  LIMIT  FOR  SUCH  OFFICE,  SUCH CANDIDATE OR COMMITTEE MUST
   35  NOTIFY THE STATE BOARD OF THAT FACT WITHIN FORTY-EIGHT HOURS BY  EXPRESS
   36  MAIL.
   37    (D)  CANDIDATES  FOR  OFFICE WHO ARE UNOPPOSED IN THE PRIMARY ELECTION
   38  MAY EXPEND BEFORE THE  PRIMARY  ELECTION,  FOR  SERVICES,  MATERIALS  OR
   39  FACILITIES  USED  ON  OR  BEFORE  THE  DATE OF SUCH PRIMARY ELECTION, AN
   40  AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES WOULD BE ENTITLED TO  SPEND
   41  IF  THEIR  NOMINATION  WAS  CONTESTED IN SUCH PRIMARY ELECTION; PROVIDED
   42  THAT THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF  AT  LEAST
   43  ONE OTHER PARTY FOR SUCH OFFICE.
   44    (E) EXPENDITURES FOR LEGAL FEES AND EXPENSES TO DEFEND THE VALIDITY OF
   45  PETITIONS  OF  DESIGNATION  OR NOMINATION OR CERTIFICATES OF NOMINATION,
   46  ACCEPTANCE, AUTHORIZATION, DECLINATION OR SUBSTITUTION, OR TO  CHALLENGE
   47  SUCCESSFULLY,  ANY  SUCH PETITION OR CERTIFICATE ON GROUNDS OF FRAUD AND
   48  FOR EXPENSES INCURRED TO COMPLY  WITH  THE  CAMPAIGN  FINANCE  REPORTING
   49  REQUIREMENTS  OF  THIS  ARTICLE  SHALL NOT BE SUBJECT TO THE EXPENDITURE
   50  LIMITS OF THIS SUBDIVISION.
   51    (F) NOTWITHSTANDING ANY EXPENDITURE LIMIT IN  THIS  SUBDIVISION,  EACH
   52  COUNTY  COMMITTEE OF ANY PARTY WHICH NOMINATES A CANDIDATE FOR STATEWIDE
       S. 2734                            10
    1  OFFICE, INCLUDING ANY SUBCOMMITTEES OF SUCH A COMMITTEE, MAY  EXPEND  IN
    2  SUPPORT  OF  EACH  SUCH CANDIDATE FOR STATEWIDE OFFICE OF SUCH PARTY WHO
    3  HAS AGREED TO ACCEPT PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT  EXCEED
    4  THE  SUM OF TWO CENTS FOR EACH VOTER REGISTERED IN SUCH COUNTY AS DETER-
    5  MINED BY THE RECORDS OF THE APPROPRIATE BOARD OF  ELECTIONS  AS  OF  THE
    6  PRECEDING GENERAL ELECTION.
    7    (G)  SIXTY  DAYS  BEFORE  AN ELECTION AT WHICH A BALLOT QUESTION WHICH
    8  ASKS THE VOTERS OF THE STATE IF THERE SHALL BE A  CONVENTION  TO  REVISE
    9  AND AMEND THE STATE CONSTITUTION IS ON THE BALLOT, THE STATE BOARD SHALL
   10  DETERMINE  THE  PERCENTAGE  DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE
   11  MONTHLY CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS  PUBLISHED  BY  THE
   12  UNITED  STATES  BUREAU OF LABOR STATISTICS AND SUCH CONSUMER PRICE INDEX
   13  PUBLISHED AT THE END OF TWO THOUSAND ONE. THE AMOUNT OF EACH EXPENDITURE
   14  LIMIT FIXED IN THIS SUBDIVISION SHALL BE ADJUSTED BY THE AMOUNT OF  SUCH
   15  PERCENTAGE  DIFFERENCE  TO THE CLOSEST ONE THOUSAND DOLLARS BY THE STATE
   16  BOARD, WHICH SHALL FORTHWITH ISSUE A REGULATION SETTING FORTH THE AMOUNT
   17  OF EACH SUCH CONTRIBUTION LIMIT. EACH CONTRIBUTION LIMIT AS SO  ADJUSTED
   18  SHALL  BE  THE CONTRIBUTION LIMIT IN EFFECT FOR ANY ELECTION HELD BEFORE
   19  THE NEXT SUCH ADJUSTMENT.
   20    3. IN COMPUTING THE AGGREGATE AMOUNT EXPENDED  FOR  PURPOSES  OF  THIS
   21  SECTION,  EXPENDITURES  MADE  BY A COMMITTEE IN SUPPORT OF MORE THAN ONE
   22  CANDIDATE SHALL BE ALLOCATED AMONG  SUCH  CANDIDATES  SUPPORTED  BY  THE
   23  COMMITTEE IN ACCORDANCE WITH FORMULAS PROMULGATED BY THE STATE BOARD OR,
   24  IN THE ABSENCE OF SUCH OFFICIAL FORMULAS, IN ACCORDANCE WITH ANY FORMULA
   25  BASED  UPON REASONABLE STANDARDS. THE STATEMENTS FILED BY SUCH COMMITTEE
   26  IN ACCORDANCE WITH THIS CHAPTER SHALL SET  FORTH,  IN  ADDITION  TO  THE
   27  OTHER  INFORMATION  REQUIRED, THE TOTAL AMOUNT EXPENDED BY THE COMMITTEE
   28  ON BEHALF OF ALL SUCH CANDIDATES AND THE AMOUNT ALLOCATED TO EACH CANDI-
   29  DATE BY DOLLAR AMOUNT AND PERCENTAGE.  EXPENDITURES BY A STATE OR  OTHER
   30  COMMITTEE  OF  A  POLITICAL PARTY FOR ACTIVITIES WHICH DO NOT SUPPORT OR
   31  OPPOSE THE ELECTION OF ANY CANDIDATE OR CANDIDATES BY NAME OR  BY  CLEAR
   32  INFERENCE SHALL NOT BE REGARDED AS EXPENDITURES ON BEHALF OF OR IN OPPO-
   33  SITION TO A CANDIDATE.
   34    S  14-212.  EXAMINATIONS  AND  AUDITS;  REPAYMENTS. 1. THE STATE BOARD
   35  SHALL CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE CONTRIBUTIONS  AND
   36  QUALIFIED  CAMPAIGN EXPENSES OF THE AUTHORIZED COMMITTEE OF EVERY ELIGI-
   37  BLE CANDIDATE WHO RECEIVED PAYMENTS PURSUANT TO SECTION 14-206  OF  THIS
   38  TITLE.
   39    2.  (A)  IF THE STATE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT
   40  MADE TO SUCH AUTHORIZED COMMITTEE FROM THE FUND WAS  IN  EXCESS  OF  THE
   41  AGGREGATE  AMOUNT OF PAYMENTS TO WHICH SUCH ELIGIBLE CANDIDATE WAS ENTI-
   42  TLED PURSUANT TO SECTION 14-206 OF THIS  TITLE,  IT  SHALL  NOTIFY  SUCH
   43  COMMITTEE,  AND  SUCH  COMMITTEE  SHALL PAY TO THE STATE BOARD AN AMOUNT
   44  EQUAL TO THE AMOUNT OF EXCESS PAYMENTS.
   45    (B) IF THE STATE BOARD DETERMINES THAT ANY AMOUNT OF PAYMENT  MADE  TO
   46  AN  AUTHORIZED COMMITTEE OF AN ELIGIBLE CANDIDATE FROM THE FUND WAS USED
   47  FOR PURPOSES OTHER THAN TO DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT  SHALL
   48  NOTIFY THE SAID AUTHORIZED COMMITTEE OF THE AMOUNT DISQUALIFIED, AND THE
   49  SAID  AUTHORIZED  COMMITTEE SHALL PAY TO THE STATE BOARD AN AMOUNT EQUAL
   50  TO SUCH DISQUALIFIED AMOUNT.
   51    (C) IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND  RECEIVED
   52  BY  ANY  CANDIDATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE EXCEEDS THE
   53  CAMPAIGN EXPENDITURES OF SUCH CANDIDATE AND  COMMITTEE,  SUCH  CANDIDATE
   54  AND  COMMITTEE  SHALL  USE  SUCH  EXCESS FUNDS TO REIMBURSE THE FUND FOR
   55  PAYMENTS RECEIVED BY SUCH COMMITTEE FROM THE FUND  NOT  LATER  THAN  TEN
   56  DAYS  AFTER  ALL  LIABILITIES HAVE BEEN PAID AND IN ANY EVENT, NOT LATER
       S. 2734                            11
    1  THAN MARCH THIRTY-FIRST OF THE YEAR FOLLOWING THE YEAR OF  THE  ELECTION
    2  FOR  WHICH  SUCH  PAYMENTS  WERE INTENDED. NO SUCH EXCESS FUNDS SHALL BE
    3  USED FOR ANY OTHER PURPOSE, UNLESS THE TOTAL AMOUNT DUE  THE  FUND  FROM
    4  SUCH CANDIDATE AND COMMITTEE HAS BEEN REPAID.
    5    3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE
    6  AUTHORIZED  COMMITTEE HAS RECEIVED PUBLIC FUNDS ON THE GROUNDS THAT SUCH
    7  CANDIDATE COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A  PLACE  ON  THE
    8  BALLOT  AND SUCH DECISION IS NOT REVERSED BY A HIGHER COURT, SUCH CANDI-
    9  DATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE SHALL PAY  TO  THE  STATE
   10  BOARD  AN  AMOUNT  EQUAL  TO  THE TOTAL OF PUBLIC FUNDS RECEIVED BY SUCH
   11  AUTHORIZED COMMITTEE.
   12    4. ALL PAYMENTS RECEIVED BY THE STATE BOARD PURSUANT TO  THIS  SECTION
   13  SHALL  BE DEPOSITED IN THE NEW YORK STATE DELEGATE TO THE CONSTITUTIONAL
   14  CONVENTION CAMPAIGN FINANCE FUND.
   15    S 14-214. PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND  WILLFULLY  FAILS
   16  TO  FILE  A STATEMENT REQUIRED TO BE FILED BY THIS TITLE OR THE RULES OR
   17  REGULATIONS OF THE STATE BOARD IN  IMPLEMENTATION  THEREOF  WITHIN  FIVE
   18  DAYS  AFTER  THE  DATE PROVIDED FOR FILING SUCH STATEMENT, OR ANY PERSON
   19  WHO KNOWINGLY AND WILLFULLY VIOLATES ANY OTHER PROVISION OF  THIS  TITLE
   20  OR  OF  SECTION EIGHTY-ONE OF THE STATE FINANCE LAW SHALL BE GUILTY OF A
   21  CLASS A MISDEMEANOR, UNLESS A GREATER PENALTY IS SPECIFICALLY PRESCRIBED
   22  IN ANOTHER APPLICABLE STATUTE.
   23    2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES  OR  EXPENDS  OR
   24  AIDS  OR  PARTICIPATES IN THE CONTRIBUTION OR EXPENDITURE OF FUNDS IN AN
   25  AMOUNT EXCEEDING AN APPLICABLE MAXIMUM SPECIFIED IN THIS TITLE,  OR  WHO
   26  KNOWINGLY  AND  WILLFULLY ACCEPTS OR AIDS OR PARTICIPATES IN THE ACCEPT-
   27  ANCE OF A CONTRIBUTION IN AN  AMOUNT  EXCEEDING  AN  APPLICABLE  MAXIMUM
   28  SPECIFIED IN THIS TITLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   29    3.  ANY  PERSON  WHO  KNOWINGLY  AND  WILLFULLY NEGLECTS OR REFUSES TO
   30  FURNISH ANY INFORMATION REQUIRED OR  AUTHORIZED  BY  THIS  TITLE  OR  BY
   31  SECTION  EIGHTY-ONE  OF  THE  STATE  FINANCE LAW, OR TO EXHIBIT RECORDS,
   32  PAPERS OR DOCUMENTS AUTHORIZED BY THIS TITLE OR BY SECTION EIGHTY-ONE OF
   33  THE STATE FINANCE LAW TO BE INSPECTED OR WHICH ARE REQUIRED TO BE EXHIB-
   34  ITED, SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   35    4. ANY PERSON WHO KNOWINGLY AND WILLFULLY EXPENDS OR AIDS  OR  PARTIC-
   36  IPATES  IN  THE  EXPENDITURE OF FUNDS FOR A PURPOSE OR IN A MANNER WHICH
   37  VIOLATES THE PROVISIONS OF THIS TITLE, OR WHICH VIOLATES THE  PROVISIONS
   38  OF  SECTION  EIGHTY-ONE  OF  THE STATE FINANCE LAW, SHALL BE GUILTY OF A
   39  CLASS A MISDEMEANOR.
   40    5. ANY PERSON WHO KNOWINGLY AND WILLFULLY FAILS TO RETURN OR  AIDS  OR
   41  PARTICIPATES  IN  THE FAILURE TO RETURN TO THE STATE BOARD OR TO THE NEW
   42  YORK STATE DELEGATE TO THE CONSTITUTIONAL  CONVENTION  CAMPAIGN  FINANCE
   43  FUND ANY FUNDS REQUIRED TO BE RETURNED TO SUCH BOARD OR FUND PURSUANT TO
   44  THE  PROVISIONS OF THIS TITLE OR SECTION EIGHTY-ONE OF THE STATE FINANCE
   45  LAW SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   46    6. ANY PERSON  WHO  FURNISHES  ANY  FALSE,  FICTITIOUS  OR  FRAUDULENT
   47  EVIDENCE,  BOOKS  OR  INFORMATION  TO THE STATE BOARD OF ELECTIONS UNDER
   48  THIS TITLE OR  INCLUDES  IN  ANY  EVIDENCE,  BOOKS,  OR  INFORMATION  SO
   49  FURNISHED  ANY  MISREPRESENTATION  OF  A  MATERIAL FACT, OR FALSIFIES OR
   50  CONCEALS ANY EVIDENCE, BOOKS, OR INFORMATION RELEVANT TO  ANY  AUDIT  BY
   51  THE  STATE  BOARD  OF  ELECTIONS OR KNOWINGLY AND WILLFULLY VIOLATES ANY
   52  OTHER PROVISION OF THIS TITLE OR OF  SECTION  EIGHTY-ONE  OF  THE  STATE
   53  FINANCE LAW SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   54    7. THE ATTORNEY GENERAL SHALL BE PRIMARILY RESPONSIBLE FOR INSTITUTING
   55  AND  CONDUCTING  PROSECUTIONS  UNDER  THIS  SECTION.  IN SUCH CASES, THE
   56  ATTORNEY GENERAL OR THE ATTORNEY GENERAL'S DEPUTY SHALL EXERCISE ALL THE
       S. 2734                            12
    1  POWERS AND PERFORM ALL THE DUTIES  WHICH  THE  DISTRICT  ATTORNEY  WOULD
    2  OTHERWISE BE AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM; WHENEVER ANY
    3  SUCH  PROSECUTION  IS  INSTITUTED  BY THE ATTORNEY GENERAL, THE DISTRICT
    4  ATTORNEY  SHALL ONLY EXERCISE SUCH POWERS AND PERFORM SUCH DUTIES AS ARE
    5  REQUIRED OF THE DISTRICT ATTORNEY BY THE ATTORNEY GENERAL OR THE  DEPUTY
    6  ATTORNEY  GENERAL.  UNTIL  AND  UNLESS  THE  ATTORNEY  GENERAL EXERCISES
    7  AUTHORITY UNDER THIS SECTION, AN OTHERWISE AUTHORIZED DISTRICT  ATTORNEY
    8  MAY INSTITUTE AND CONDUCT A PROSECUTION UNDER THIS SECTION.
    9    8.  WHENEVER  THE  ATTORNEY  GENERAL IS AUTHORIZED UNDER THIS TITLE TO
   10  PROSECUTE A CRIMINAL PROCEEDING ON BEHALF OF THE STATE BOARD, THE ATTOR-
   11  NEY GENERAL SHALL HAVE THE  DISCRETION  TO  DELEGATE  THE  AUTHORITY  TO
   12  INITIATE OR CONDUCT ANY SUCH PROSECUTION TO THE STATE BOARD.
   13    S 14-216. CIVIL PENALTIES. 1. ANY PERSON WHO FAILS TO FILE A STATEMENT
   14  OR RECORD REQUIRED TO BE FILED BY THIS TITLE OR THE RULES OR REGULATIONS
   15  OF THE STATE BOARD IN IMPLEMENTATION THEREOF SHALL BE SUBJECT TO A CIVIL
   16  PENALTY,  NOT  IN EXCESS OF ONE THOUSAND DOLLARS, TO BE RECOVERABLE IN A
   17  CIVIL ACTION BROUGHT BY THE STATE BOARD.
   18    2. IF THE AGGREGATE AMOUNT OF EXPENDITURES BY  A  CANDIDATE  AND  SUCH
   19  CANDIDATE'S  AUTHORIZED  COMMITTEE  EXCEEDS  THE EXPENDITURE LIMITATIONS
   20  CONTAINED IN THIS TITLE, SUCH CANDIDATE SHALL  BE  LIABLE  FOR  A  CIVIL
   21  PENALTY IN AN AMOUNT EQUAL TO THREE TIMES THE SUM BY WHICH SUCH EXPENDI-
   22  TURES EXCEED THE PERMITTED AMOUNT.
   23    S  7. Paragraphs (ix) and (x) of subdivision (c) of section 1-c of the
   24  legislative law, as added by chapter 1 of the laws of 2005, are  amended
   25  and a new paragraph (xi) is added to read as follows:
   26    (ix)  the adoption or rejection of any rule, regulation, or resolution
   27  having the force and effect of a local law,  ordinance,  resolution,  or
   28  regulation; [or]
   29    (x)  the  outcome of any rate making proceeding by any municipality or
   30  subdivision thereof[.]; OR
   31    (XI) THE ACTION OR INACTION OF A DELEGATE TO A CONSTITUTIONAL  CONVEN-
   32  TION.
   33    S  8. Section 1-f of the legislative law, as added by chapter 2 of the
   34  laws of 1999, is  amended to read as follows:
   35    S 1-f. [Monthly registration] REGISTRATION docket. 1.  MONTHLY  REGIS-
   36  TRATION  DOCKET.  It  shall  be  the duty of the commission to compile a
   37  monthly docket of statements of registration containing all  information
   38  required  by  section  one-e of this article.   Each such monthly docket
   39  shall contain all statements of registration filed during such month and
   40  all amendments to previously filed statements  of  registration.  Copies
   41  shall be made available for public inspection.
   42    2. CONSTITUTIONAL CONVENTION DELEGATE CONTACT LOG.  FROM THE DATE UPON
   43  WHICH  THE BOARD OF ELECTIONS CERTIFIES THE ELECTION OF DELEGATES TO THE
   44  CONSTITUTIONAL CONVENTION TO THE DATE THE CONSTITUTIONAL  CONVENTION  IS
   45  ADJOURNED,  EACH  LOBBYIST, AS DEFINED BY THIS ARTICLE, SHALL FILE A LOG
   46  EACH WEEK OF ALL CONTACTS WITH DELEGATES TO THE  CONSTITUTIONAL  CONVEN-
   47  TION.  SUCH  LOG OF THESE CONTACTS SHALL BE SUBMITTED TO THE COMMISSION.
   48  THE COMMISSION SHALL MAINTAIN A WEEKLY DOCKET WHICH  SHALL  CONTAIN  ALL
   49  LOGS,  COPIES OF WHICH SHALL BE OPEN AND AVAILABLE FOR INSPECTION BY THE
   50  PUBLIC.
   51    S 9. Section 1-o of the legislative law is amended  by  adding  a  new
   52  subdivision (e) to read as follows:
   53    (E) ANY PERSON WHO FAILS TO FILE ANY LOG OF CONTACTS WITH DELEGATES OF
   54  THE  CONSTITUTIONAL  CONVENTION  AS  REQUIRED  BY  THIS ARTICLE SHALL BE
   55  SUBJECT TO A CIVIL PENALTY, NOT IN EXCESS OF TWENTY-FIVE DOLLARS FOR THE
   56  FIRST OFFENSE. ANY PERSON WHO KNOWINGLY AND WILLFULLY FAILS TO FILE  ANY
       S. 2734                            13
    1  LOG  OF  CONTACTS  WITH  DELEGATES  OF  THE CONSTITUTIONAL CONVENTION AS
    2  REQUIRED BY THIS ARTICLE SHALL BE GUILTY OF A CLASS  A  MISDEMEANOR  FOR
    3  THE SECOND OFFENSE AND EACH OFFENSE THEREAFTER.
    4    S  10.  The  opening  paragraph  of  paragraph (a) of subdivision 2 of
    5  section 73-a of the public officers law, as amended by section 5 of part
    6  A of chapter 399 of the laws of 2011, is amended to read as follows:
    7    Every statewide elected official, state officer or employee, member of
    8  the legislature, DELEGATE TO A  CONSTITUTIONAL  CONVENTION,  legislative
    9  employee  and political party chairman and every candidate for statewide
   10  elected office or for member of the legislature OR  FOR  DELEGATE  TO  A
   11  CONSTITUTIONAL  CONVENTION  shall  file an annual statement of financial
   12  disclosure containing the information and  in  the  form  set  forth  in
   13  subdivision three of this section. On or before the fifteenth day of May
   14  with respect to the preceding calendar year:
   15    S  11.  The state finance law is amended by adding a new section 81 to
   16  read as follows:
   17    S 81.  NEW  YORK  STATE  DELEGATE  TO  THE  CONSTITUTIONAL  CONVENTION
   18  CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY ESTABLISHED A SPECIAL FUND, TO
   19  BE KNOWN AS THE NEW YORK STATE DELEGATE TO THE CONSTITUTIONAL CONVENTION
   20  CAMPAIGN FINANCE FUND, IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND
   21  THE COMMISSIONER OF TAXATION AND FINANCE. THE MONEYS IN SUCH FUND MAY BE
   22  EXPENDED  BY  THE  STATE BOARD OF ELECTIONS ONLY AS PAYMENTS FOR PARTIC-
   23  IPATING CANDIDATES IN ACCORDANCE WITH THE PROVISIONS  OF  TITLE  TWO  OF
   24  ARTICLE FOURTEEN OF THE ELECTION LAW.
   25    2.  THE  FUND SHALL BE KEPT SEPARATE FROM ALL OTHER FUNDS AND SHALL BE
   26  CREDITED WITH ALL SUMS APPROPRIATED  THEREFOR,  ANY  DONATIONS  RECEIVED
   27  PURSUANT  TO  SUBDIVISION FIVE OF THIS SECTION AND ALL EARNINGS ACCRUING
   28  ON SUCH FUNDS.
   29    3. AS SOON AS PRACTICABLE IN THE YEAR TWO THOUSAND SIXTEEN AND IN TIME
   30  FOR INCLUSION IN THE EXECUTIVE EXPENSE BUDGET IN EVERY YEAR  THEREAFTER,
   31  AND  AT  SUCH  OTHER  TIMES  AS  THE STATE BOARD OF ELECTIONS SHALL DEEM
   32  NECESSARY, SAID BOARD SHALL SUBMIT ITS ESTIMATE OF THE AMOUNT OF  PUBLIC
   33  FUNDS WHICH WILL BE NECESSARY TO PROVIDE CANDIDATES FOR DELEGATES TO THE
   34  CONSTITUTIONAL CONVENTION SUFFICIENT FINANCING FOR ELECTIONS IN THE NEXT
   35  YEAR IN WHICH ELECTIONS ARE SCHEDULED PURSUANT TO LAW, AND A RESERVE FOR
   36  CONTINGENCIES.  SUCH  ESTIMATES SHALL BE SUBMITTED IN SUCH MANNER AND AT
   37  SUCH TIMES AS TO ENSURE THAT SUCH AMOUNTS AS SHALL BE NECESSARY  MAY  BE
   38  APPROPRIATED  IN  FULL BY THE BEGINNING OF THE FISCAL YEAR PRIOR TO THAT
   39  IN WHICH ELECTIONS ARE SCHEDULED PURSUANT TO  LAW  AND  THAT  ADDITIONAL
   40  AMOUNTS MAY BE APPROPRIATED AS NECESSARY.
   41    4.  THE  MONEYS IN SUCH FUND SHALL BE PAID TO PARTICIPATING CANDIDATES
   42  BY SAID BOARD UPON ITS CERTIFICATION THAT SUCH  CANDIDATES  QUALIFY  FOR
   43  SUCH FUNDS.
   44    5. SAID BOARD SHALL BE EMPOWERED TO ACCEPT DONATIONS TO BE CREDITED TO
   45  THE  FUND. SAID BOARD MAY DEVISE SUCH METHODS OF SOLICITING AND COLLECT-
   46  ING DONATIONS AS IT MAY DEEM FEASIBLE AND APPROPRIATE.
   47    S 12.  If  any  item,  clause,  sentence,  subparagraph,  subdivision,
   48  section,  or  any  other part of this act, or the application thereof to
   49  any person or circumstances, is held to be invalid, such  holding  shall
   50  not  affect,  impair,  or  invalidate  the remainder of this act, of the
   51  application of such section or part of a section held  invalid,  to  any
   52  other person or circumstances, but shall be confined in its operation to
   53  the item, clause, sentence, subparagraph, subdivision, section, or other
   54  part of this act directly involved in such holding, or to the person and
   55  circumstances therein involved.
       S. 2734                            14
    1    S 13. This act shall take effect on the first of January next succeed-
    2  ing  the  date  on  which it shall have become a law; provided, however,
    3  that the state commissioner of taxation and finance and the state  comp-
    4  troller  may  promulgate  any rules, regulations and forms necessary for
    5  the  implementation  of section 81 of the state finance law, as added by
    6  section eleven of this act on or before the effective date of this act.