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Camp Finance

Camp Finance

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Published by Nick Reisman

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Published by: Nick Reisman on Apr 24, 2012
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S T A T E O F N E W Y O R K________________________________________________________________________9885--AI N A S S E M B L YApril 19, 2012___________Introduced by M. of A. SILVER -- read once and referred to theCommitteeon Election Law -- committee discharged, bill amended,orderedreprinted as amended and recommitted to said committeeAN ACT to amend the election law, in relation to enacting the"2012Campaign Finance Reform Act"; to amend the election law, thestatefinance law and the tax law, in relation to providing foroptionalpartial public financing of certain election campaigns in thisstate;and to amend the general business law, in relation toadditionalsurchargesTHE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE ANDASSEM-BLY, DO ENACT AS FOLLOWS:1 Section 1. Short title. This act shall be known and may be citedas2 the "2012 Campaign Finance Reform Act".3 S 2. Legislative findings and declaration. The legislaturedeclares4 that it is in the public interest to create and ensure a trulydemocrat-5 ic political system in which citizens, irrespective of theirincome,6 status, or financial connections, are enabled and encouraged tocompete7 for public office. Therefore, the legislature finds it necessaryto8 establish a system of public financing for all qualified candidatesfor9 state elective offices and constitutional convention delegates.10 S 2-a. Sections 14-100, 14-102, 14-104, 14-106, 14-108, 14-110,11 14-112, 14-114, 14-116, 14-118, 14-120, 14-122, 14-124, 14-126, 14-127,12 14-128 and 14-130 of the election law are designated title 1 and anew13 title heading is added to read as follows:14 RECEIPTS AND EXPENDITURES; GENERAL
 
15 S 3. Article 14 of the election law is amended by adding a new title216 to read as follows:17 TITLE II18 PUBLIC FINANCING19 SECTION 14-200. DEFINITIONS.20 14-202. REPORTING REQUIREMENTS.21 14-203. ELIGIBILITY.22 14-204. QUALIFIED CAMPAIGN EXPENDITURES.23 14-206. OPTIONAL PUBLIC FINANCING.EXPLANATION--Matter in ITALICS (underscored) is new; matter inbrackets[ ] is old law to be omitted.LBD15437-05-2A. 9885--A 21 14-208. CONTRIBUTION AND RECEIPT LIMITATIONS.2 14-210. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.3 14-212. CAMPAIGN FINANCE BOARD; GENERAL POWERS AND DUTIES.4 14-214. EXAMINATIONS AND AUDITS.5 14-216. CIVIL ENFORCEMENT.6 14-218. CRIMINAL PENALTIES.7 14-220. REPORTS.8 14-222. DEBATES.9 14-224. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND.10 S 14-200. DEFINITIONS. AS USED IN THIS TITLE, UNLESS ANOTHERMEANING11 IS CLEARLY INDICATED:12 1. THE TERM "BOARD" OR "CAMPAIGN FINANCE BOARD" MEANS THEBOARD13 CREATED BY SECTION 14-212 OF THIS TITLE TO ADMINISTER THECAMPAIGN14 FINANCE FUND.15 2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FORNOMINATION16 OR ELECTION TO ANY OF THE OFFICES OF GOVERNOR, LIEUTENANTGOVERNOR,17 COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE STATE LEGISLATURE, AT-LARGE18 DELEGATE TO A CONSTITUTIONAL CONVENTION OR DISTRICT DELEGATE TOA19 CONSTITUTIONAL CONVENTION.20 3. THE TERM "PARTICIPATING COMMITTEE" SHALL MEAN A SINGLEAUTHORIZED21 POLITICAL COMMITTEE WHICH A CANDIDATE CERTIFIES IS THE COMMITTEETHAT22 WILL SOLELY BE USED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEMESTAB-23 LISHED BY THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THEPRIMA-24 RY, GENERAL OR SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT.A25 MULTI-CANDIDATE COMMITTEE MAY NOT BE A PARTICIPATING COMMITTEE.26 4. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE WHOIS
 
27 ELIGIBLE TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEMESTAB-28 LISHED BY THIS TITLE, HAS MET THE THRESHOLD FOR ELIGIBILITY ANDHAS29 ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM.30 5. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATEFOR31 ANY OFFICE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING UNDER THIS TITLE FORA32 COVERED ELECTION WHO FAILS TO FILE A STATEMENT IN THE FORM OF ANAFFIDA-33 VIT PURSUANT TO SECTION 14-206 OF THIS TITLE.34 6. THE TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION OFTHE35 AGGREGATE CONTRIBUTIONS MADE (A) IN THE CASE OF A PRIMARY ORGENERAL36 ELECTION, AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY ORGENER-37 AL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OFA38 SPECIAL ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION BY NATURALPERSONS39 RESIDENT IN THE STATE OF NEW YORK TO A CANDIDATE FOR NOMINATIONOR40 ELECTION TO ANY OF THE OFFICES COVERED BY THE PROVISIONS OF THISTITLE41 WHICH DO NOT EXCEED TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEENREPORTED42 IN FULL BY THE CANDIDATE'S PARTICIPATING COMMITTEE TO THECAMPAIGN43 FINANCE BOARD, INCLUDING THE CONTRIBUTOR'S FULL NAME ANDRESIDENTIAL44 ADDRESS. "MATCHABLE CONTRIBUTIONS" SHALL BE THE NET AMOUNT OF ANYMONE-45 TARY CONTRIBUTION REALIZED BY A CANDIDATE OR DESIGNATED COMMITTEEAFTER46 DEDUCTING THE REASONABLE VALUE OF ANY GOODS OR SERVICES PROVIDEDTHE47 CONTRIBUTOR IN CONNECTION WITH THE CONTRIBUTION, EXCEPT THATCONTRIB-48 UTIONS FROM ANY PERSON WHO HAS RECEIVED A PAYMENT OR ANYTHING OFVALUE49 FROM SUCH COMMITTEE OR FROM A PERSON WHO IS AN OFFICER, DIRECTOROR50 EMPLOYEE OF, OR A PERSON WHO HAS A TEN PERCENT OR GREATEROWNERSHIP51 INTEREST IN ANY ENTITY WHICH HAS RECEIVED SUCH A PAYMENT OR THINGOF52 VALUE SHALL NOT BE MATCHABLE. A LOAN MAY NOT BE TREATED AS AMATCHABLE53 CONTRIBUTION.54 7. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN ANEXPENDITURE55 FOR WHICH PUBLIC FUNDS MAY BE USED.A. 9885--A 3

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