New York Examinations And Audits; Repayments.
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§ 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.