US Laws, Codes, Statutes & Cases

 
    §  3-705  Optional  public financing. Each participating candidate for
  nomination for election or election in a  covered  election  may  obtain
  payment  to  his  or  her  principal  committee  from  public  funds for
  qualified campaign expenditures, in accordance with  the  provisions  of
  this chapter, and subject to appropriation.
    1.  No such public funds shall be paid to a principal committee unless
  the board determines  that  the  participating  candidate  has  met  the
  eligibility  requirements  of this chapter. Payment shall not exceed the
  amounts specified in this chapter, and shall be made only in  accordance
  with  the  provisions  of this chapter. Such payment may be made only to
  the participating candidate's principal committee. No public funds shall
  be used except  as  reimbursement  or  payment  for  qualified  campaign
  expenditures  actually  and  lawfully incurred or to repay loans used to
  pay qualified campaign expenditures.
    2. (a) If the threshold for  eligibility  is  met,  the  participating
  candidate's  principal  committee  shall  receive  payment for qualified
  campaign expenditures of four dollars for each one dollar  of  matchable
  contributions,   up   to  one  thousand  dollars  in  public  funds  per
  contributor  (or  up  to  five  hundred  dollars  in  public  funds  per
  contributor in the case of a special election), obtained and reported to
  the  campaign  finance  board  in accordance with the provisions of this
  chapter.
    (b) Except as otherwise  provided  in  subdivision  three  of  section
  3-706,  in  no  case  shall  the  principal committee of a participating
  candidate receive public funds pursuant to paragraph (a) above in excess
  of an amount equal to fifty-five percent of the  expenditure  limitation
  provided  in  subdivision  one of section 3-706 for the office for which
  such candidate seeks nomination for election or election.
    (c) No funds shall be  provided  pursuant  to  this  subdivision  with
  respect  to  any  covered election specified in subdivision five of this
  section.
    3. A participating  candidate  seeking  or  obtaining  nomination  for
  election by more than one party shall be deemed one candidate, and shall
  not   receive  additional  public  funds  or  be  authorized  to  accept
  contributions in excess of the maximum contribution applicable  pursuant
  to  paragraph (f) of subdivision one of section 3-703 or make additional
  expenditures by reason of such candidate seeking or obtaining nomination
  for election by more than one party. Subdivision five of  section  3-703
  shall  not  be  applicable  to  such  a candidate who is opposed for the
  nomination of at least one party in a primary election. The  elimination
  of the expenditure limitations and qualification for additional matching
  funds  provided  in  subdivision  three  of  section  3-706 shall not be
  applicable to such a candidate who is opposed for the nomination  of  at
  least one party solely by participating candidates.
    4.  The campaign finance board shall make possible payment within four
  business days after receipt of reports of matchable contributions, or as
  soon thereafter as is practicable, but not  earlier  than  the  earliest
  dates  for making such payments as provided in subdivisions five and six
  of section 3-709; provided, however, that the board shall withhold up to
  five percent of all public funds payments  to  participating  candidates
  until the final pre-election payment for any given election.
    5.  (a)  Notwithstanding  any  other  provision  of  this  chapter,  a
  participating candidate in a run-off primary election held  pursuant  to
  section  6-162  of  the New York state election law or a run-off special
  election to fill a vacancy shall obtain  prompt  payment  for  qualified
  campaign  expenditures  in an amount equal to twenty-five cents for each
  one dollar of  public  funds  paid  pursuant  to  this  chapter  to  the
  candidate's principal committee for the preceding election.

    (b)  The  board  shall  promulgate  rules  to  provide  for the prompt
  issuance of additional public funds to eligible participating candidates
  for qualified campaign expenditures in the case of an additional day for
  voting held pursuant to section 3-108 of the  New  York  state  election
  law, an election held pursuant to court order, or a delayed or otherwise
  postponed election.
    (c)  Except  as  provided  for  by  this  subdivision  and  any  rules
  promulgated hereby, no public funds shall be provided to  any  candidate
  for  any  run-off  primary  election, run-off special election to fill a
  vacancy, additional day for voting,  election  held  pursuant  to  court
  order, or delayed or otherwise postponed election.
    6.  Notwithstanding  any  other  provision  of  this  chapter  to  the
  contrary, to protect  the  public  fund  from  disproportionately  large
  payments  when  the  number  of  voters  eligible  to  vote in a primary
  election is small, the board shall adopt rules setting a reduced maximum
  primary election public funds payment for  participating  candidates  on
  the  ballot  in  one  or  more  primary elections in which the number of
  persons eligible to vote for party nominees total fewer than such number
  as shall be specified by the board in such rules, if any. Any such rules
  shall not  apply  to  participating  candidates  opposed  in  a  primary
  election  by one or more participating candidates who are not subject to
  such reduced maximum primary election  public  funds  payment  or  by  a
  non-participating  candidate  who  makes  expenditures  in  excess  of a
  specified amount for such primary election, as determined by the board.
    7. Notwithstanding any provision of this section to the contrary,  the
  amount  of  public  funds  payable  to  a participating candidate on the
  ballot in any covered election shall  not  exceed  one  quarter  of  the
  maximum  public funds payment otherwise applicable under subdivision two
  of this section, unless:
    (a) the participating candidate is opposed  by  another  participating
  candidate who has qualified to receive public funds in such election; or
    (b)  the  participating  candidate  is  opposed by a candidate and the
  board has determined that such other candidate and his or her authorized
  committees have spent or contracted  or  have  obligated  to  spend,  or
  received  in  loans  or  contributions, or both, an amount which, in the
  aggregate, exceeds one-fifth of the  applicable  expenditure  limit  for
  such  office  fixed  by subdivision one of section 3-706 of this chapter
  for participating candidates; or
    (c) the participating  candidate  has  submitted  a  signed  statement
  attesting to the need and stating the reason for additional public funds
  in  such  election, in which case the board shall publish such statement
  at the time such additional public funds  are  paid,  including  on  the
  board's internet website.
    If  any of the conditions described in paragraph (a), (b) or (c) occur
  in such election, the board shall pay  any  and  all  additional  public
  funds due to the participating candidate up to the maximum total payment
  applicable  in  such  election  under  subdivisions  two  or six of this
  section or subdivision three of section 3-706 of this chapter.
    8. Contributions by a principal committee of a participating candidate
  to other political committees shall not be a basis for  reducing  public
  funds payments, provided that: (a) such principal committee has received
  contributions   (other   than  matchable  contributions)  that,  in  the
  aggregate, exceed the total of such  contributions  to  other  political
  committees and (b) such contributions in the aggregate do not exceed:
    (i)  three  thousand  dollars,  if  such  principal  committee  is the
  principal committee of a participating candidate seeking nomination  for
  election or election to the office of member of the city council;

    (ii)  five  thousand  dollars,  if  such  principal  committee  is the
  principal committee of a participating candidate seeking nomination  for
  election or election to the office of borough president; and
    (iii)  ten  thousand  dollars,  if  such  principal  committee  is the
  principal committee of a participating candidate seeking nomination  for
  election or election to a city-wide office.