§ 14-205 — Payment of public matching funds

New York § 14-205

• Jurisdiction: New York
• Law ELN: Election
• Title 2: Public Financing
• Art. 14: Campaign Receipts and Expenditures; Public Financing

Text

§ 14-205. Payment of public matching funds. 1. Determination of\neligibility. No public matching funds shall be paid to an authorized\ncommittee unless the PCFB determines that the participating candidate\nhas met the eligibility requirements of this title. Payment shall not\nexceed the amounts specified in subdivision two of this section, and\nshall be made only in accordance with the provisions of this title. Such\npayment may be made only to the participating candidate's authorized\ncommittee. No public matching funds shall be used except as\nreimbursement or payment for qualified campaign expenditures actually\nand lawfully incurred or to repay loans used to pay qualified campaign\nexpenditures.\n 2. Calculation of payment. (a) In any election for a public office to\nbe voted on by the voters of the entire state or for nomination to any\nsuch office, if the threshold for eligibility is met, the participating\ncandidate's authorized committee shall receive payment for qualified\ncampaign expenditures of six dollars of public matching funds for each\none dollar of matchable contributions, obtained and reported to the PCFB\nin accordance with the provisions of this title. The maximum payment of\npublic matching funds shall be limited to the amounts set forth in this\nsection for the covered election.\n (b) In any election for state senate or state assembly or for\nnomination to any such office, if the threshold for eligibility is met,\nthe participating candidate's authorized committee shall receive payment\nfor qualified campaign expenditures for matchable contributions of\neligible private funds per contributor, obtained, and reported to the\nPCFB herein, of: twelve dollars of public matching funds for each of the\nfirst fifty dollars of matchable contributions; nine dollars of public\nmatching funds for each of the next one hundred dollars of public\nmatchable contributions; and eight dollars for the each of the next one\nhundred dollars of public matchable contributions. The maximum payment\nof public matching funds shall be limited to the amounts set forth in\nthis section for the covered election.\n 3. Timing of payment. (a) The PCFB shall make any payment of public\nmatching funds to participating candidates as soon as is practicable.\nBut in all cases, it shall verify eligibility for public matching funds\nwithin four days, excluding weekends and holidays, of receiving a\ncampaign contribution report filed in compliance with section 14-104 of\nthis article. Within two days of determining that a candidate for a\ncovered office is eligible for public matching funds, it shall authorize\npayment of the applicable matching funds owed to the candidate.\n (b) The PCFB shall schedule payment dates as follows: for the primary\nelection period, one payment no later than one week after the deadline\nto accept or decline designations for the primary election, and at least\nfour payments prior to the primary date; for the general election\nperiod, one payment no later than July first, at least one additional\npayment in July, at least one payment in August, at least two payments\nin September, at least two payments in October, at least one payment in\nNovember, and at least one payment in December; and for any other\ncovered election, a minimum of three payment days within the thirty days\nprior to such covered election. If any of such payments would require\npayment on a weekend or federal holiday, payment shall be made on the\nnext business day. A certification pursuant to paragraph (d) of\nsubdivision one of section 14-203 of this title shall be required to\nhave been filed with the PCFB no later than fifteen business days prior\nto the payment date on which a participating candidate is eligible to\nreceive public funds pursuant to this subdivision. For purposes of such\npayment dates, the PCFB shall provide each candidate with a written\ndetermination specifying the basis for any non-payment and a report of\nall contributions accepted and matched with public funds.\n 4. Notwithstanding any provision of this section to the contrary, the\namount of public funds payable to a participating candidate on the\nballot in any covered election shall not exceed one-quarter of the\nmaximum public funds payment otherwise applicable and no participating\ncandidate shall be eligible to receive a disbursement of public funds\nprior to two weeks after the last day to file designating petitions for\na primary election unless the participating candidate is opposed by a\ncompetitive candidate. A participating candidate shall be considered\nopposed by a competitive candidate when at least one of the following\nconditions are met:\n (a) For a covered general election only if the margin of victory was\ntwenty points or less in a contest involving an opposing major party\ncandidate in an election for public office in an area encompassing all\nor part of the area that is the subject of the current election in the\nlast eight years preceding the election of the covered office sought.\n (b) The opposing candidate has received the endorsement of a current\nor former statewide elected official, or a current or former federal\nelected official representing all or a portion of the area represented\nby the covered office sought, or a current or former United States\nsenator, or in the case of a district that encompasses a portion of New\nYork city, a current or former citywide elected official.\n (c) The opposing candidate has received three or more endorsements\nfrom other current or former state, county, city, town, or village\nelected officials who represent all or a part of the area covered by the\nelection.\n (d) In the past ten years, the opposing candidate's spouse, domestic\npartner, sibling, parent, or child holds or has held elective office in\nan area encompassing all or part of the district represented by the\ncovered office sought.\n (e) The opposing candidate has been deemed eligible to receive public\nfunds payment for the covered election.\n (f) The general election in that district was within a twenty-point\nmargin within the last six years.\n (g) The opposing candidate is self-funding in an amount equal to the\nminimum dollar thresholds for eligibility set forth in paragraph (a) or\n(c) of subdivision two of section 14-203 of this title.\n (h) The opposing candidate previously held elected office.\n (i) The opposing candidate has received endorsement of one or more\nmembership organizations with a membership of over one hundred fifty\nmembers; provided however, that the participating candidate must provide\na description of the organization endorsing such opposing candidate and\nattach any available evidence of such endorsement.\n (j) Within the last eight years, the opposing candidate has received\ntwenty-five percent or more of the vote in an election for public office\nin an area encompassing all or part of the district represented by the\ncovered office sought.\n 5. Electronic funds transfer. The PCFB shall, in consultation with the\noffice of the comptroller, promulgate rules to facilitate electronic\nfunds transfers directly from the campaign finance fund into an\nauthorized committee's bank account.\n 6. Irregularly scheduled elections. Notwithstanding any other\nprovision of this title, the PCFB shall promulgate rules to provide for\nthe prompt issuance of public matching funds to eligible participating\ncandidates for qualified campaign expenditures in the case of any other\ncovered election held on a day different from the day originally\nscheduled, including special elections. Provided, however in all cases,\nthe PCFB shall: (a) within four days, excluding weekends and holidays,\nof receiving a report of contributions from a candidate for a covered\noffice claiming eligibility for public matching funds, verify that\ncandidate's eligibility for public matching funds; and (b) within two\ndays of determining that the candidate for a covered office is eligible\nfor public matching funds, it shall authorize payment of the applicable\nmatching funds owed to the candidate.\n