New York Examinations And Audits; Repayments.




 
    §  3-710  Examinations and audits; repayments. 1. The campaign finance
  board is hereby empowered to audit and examine all matters  relating  to
  the  performance  of  its functions and any other matter relating to the
  proper administration of this chapter and of chapter 8  of  title  3  of
  this   code.   These   audit   and  examination  powers  extend  to  all
  participating candidates,  and  limited  participating  candidates,  and
  non-participating   candidates,   and   the   principal  and  authorized
  committees   of   all   participating,   limited   participating,    and
  non-participating candidates.
    2. (a) If the board determines that any portion of the payment made to
  the  principal  committee of a participating candidate from the fund was
  in excess of the aggregate amount of payments which such  candidate  was
  eligible  to  receive  pursuant  to  this  chapter, it shall notify such
  committee and such committee shall pay to the board an amount  equal  to
  the amount of excess payments.
    (b)  If the board determines that any portion of the payment made to a
  principal committee of a participating candidate from the fund was  used
  for purposes other than qualified campaign expenditures, it shall notify
  such  committee  of  the amount so disqualified and such committee shall
  pay to the board an amount equal to such disqualified amount.
    (c) If the total of contributions, other receipts, and  payments  from
  the  fund received by a participating candidate and his or her principal
  committee exceed the total campaign expenditures of such  candidate  and
  committee  for  all  covered elections held in the same calendar year or
  for a special election to fill a vacancy such  candidate  and  committee
  shall  use such excess funds to reimburse the fund for payments received
  by such committee from the fund during such calendar year  or  for  such
  special  election.  Such  reimbursement shall be made not later than ten
  days after all liabilities have been paid and in any  event,  not  later
  than  either the closing date of the final disclosure report, or the day
  on which the campaign finance board issues its final  audit  report  for
  such participating committee, for such covered election, as shall be set
  forth in rules promulgated by the campaign finance board. No such excess
  funds  shall  be  used for any other purpose, unless the total amount of
  the payments received from the fund by the principal committee has  been
  repaid.
    3. If a participating candidate whose principal committee has received
  public funds is disqualified by a court of competent jurisdiction on the
  grounds that such candidate committed fraudulent acts in order to obtain
  a  place on the ballot and such decision is not reversed, such candidate
  and his or her principal committee shall pay  to  the  board  an  amount
  equal to the total of public funds received by such principal committee.