BILL NUMBER: S3668
SPONSOR: SKOUFIS
 
TITLE OF BILL:
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 relating to
establishing the NYS campaign finance fund check-off, relating to the
severability of the provisions thereof
 
PURPOSE:
Makes various modifications to the public campaign finance program.
 
SUMMARY OF PROVISIONS:
Section 1: Amends paragraph(a)of subdivision 11 of section 14-200-a of
the election law to clarify that a person must be a resident of a state
assembly or state senate district at the time they contribute to a
candidate seeking nomination or election in said assembly or senate
district.
Section 2: Amends subdivision 19 of section 14-200-a of the election law
to amend the definition of the term "surplus."
Section 3: Amends section 14-203 of the election law to add language
that states a candidate shall not owe any payments, repayments, or civil
penalties under any local public campaign finance program within the
previous ten years in order to be eligible for the program.
Adds language stating that if a candidate received public matching funds
for the primary election and didn't spend all of them, the leftover
amount will be subtracted from the total public matching funds they are
eligible to receive for the general election.
Additionally, this section amends election law so that any portion of a
contribution of more than $250 cannot be matched and will count toward
the threshold for eligibility.
Further, this section changes the minimum dollar threshold for eligibil-
ity for participating candidates for state senate and state assembly, in
such districts where average median income ("AMI") is below the AMI as
determined by the United States Census Bureau three years before such
election for which public funds are sought from one-third to sixteen
thousand dollars for the senate and six thousand dollars for the assem-
bly.
Lastly, this section states that any participating candidate who is
nominated in a primary election and has participated in the public
financing program set forth in this title shall not be required to
participate in the public financing program for the general election for
such office should they choose to run in the general election.
Section 4: Amends subdivisions 1, 2, and 5 of section 14-204 of the
election law. States that in any primary election, receipt of public
funds by participating candidates and by their participating committees
for a member of the assembly shall not exceed 145,000. Further, this
section states that if the number of eligible primary election voters is
fewer than 7,500 people, the public matching funds cap shall be $5,000.
Section 5: Amends subdivisions 3 and 4 of section 14-205 of the election
law, regarding the timing of payments made by the PCFB. Additionally,
this section outlines conditions required to be met for a participating
candidate to be considered opposed by a competitive candidate.
Section 6: Amends section 14-206 of the election law stating that all
political communications purchased in connection with covered elections
shall include a disclosure that says "New York State Public Campaign
Finance Program participant".
Section 7: Adds a new subdivision 3-a to section 14-207 of the election
law stating that the PCFB shall develop and administer in-person and
online training for individuals to become certified as compliance offi-
cers under this title.
Section 8: Amends paragraph (c) of subdivision 1 of section 14-208 of
the election law by adding language stating that the names of candidates
selected for an audit shall not be disclosed unless there is a declared
finding of wrongdoing by the PCFB.
Section 9: Amends paragraph (c) of subdivision 2 of section 14-208 of
the election law relating to the use of matching funds and unspent
matching funds. This section also adds new paragraph (d) to subdivision
2 of section 14-208 of the election law which states that candidates
shall have thirty days to cure any violations identified by the PCFB in
its post-election audit before there may be any declared findings of
wrongdoing.
Section 10: Amends section 14-212 of the election law relating to the
severability clause.
Section 11: Repeals section 11 of part ZZZ of chapter 58 of the laws of
2020.
Section 12: Sets the effective date.
 
JUSTIFICATION:
The Public Campaign Finance Program was created to reduce the influence
of large campaign donations in electoral politics. The program provides
that candidates can obtain matching funds from small donations to ampli-
fy the voices of all New Yorkers in the political process. The changes
to the program outlined in this bill aim to facilitate participation in
the public campaign finance program for candidates.
 
LEGISLATIVE HISTORY:
Senate:
2024: 58969, Referred to Elections
Assembly
2024: No Assembly Same-As
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, subparagraphs
(iii) and (iv) of paragraph (a) of subdivision 2 of section 14-203 of
the election law, as amended by section three of this act, shall apply
to all general elections which take place on and after such date and
shall apply to all primary and special elections which take place on and
after the first of December next succeeding the date on which it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
by the public campaign finance board on or before such effective date.

Statutes affected:
S3668: 14-200-a election law, 14-200-a(11) election law, 14-200-a(19) election law, 14-203 election law, 14-206 election law, 14-207 election law, 14-208 election law, 14-208(1) election law, 14-208(2) election law, 14-212 election law