§ 14-207 — Composition, powers, and duties of the public campaign finance board

New York § 14-207

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

Text

§ 14-207. Composition, powers, and duties of the public campaign\nfinance board. 1. There shall be a public campaign finance board within\nthe state board of elections that shall be comprised of the following\ncommissioners: the four state board of elections commissioners and three\nadditional commissioners, one jointly appointed by the legislative\nleaders of one major political party in each house of the legislature,\none jointly appointed by the legislative leaders of the other major\npolitical party in each house of the legislature, and one of whom shall\nbe appointed by the governor. Each commissioner must be a New York state\nresident and registered voter, and may not currently be, or within the\nprevious five years have been, an officer of a political party or\npolitical committee as defined in the election law, or a registered\nlobbyist. The chair of the PCFB shall be designated by the PCFB from\namong the three additional commissioners. Each of the three additional\ncommissioners shall receive a per diem of three hundred fifty dollars\nfor work actually performed not to exceed twenty-five thousand dollars\nin any one calendar year. They shall be considered public officers for\npurposes of sections seventy-three-a and seventy-four of the public\nofficers law. The three commissioners so appointed pursuant to this\nrecommendation will be appointed for a term of five years to commence on\nJuly first, two thousand twenty and may be removed by their appointing\nauthority solely for substantial neglect of duty, gross misconduct in\noffice, inability to discharge the power or duties of office, after\nwritten notice and opportunity to be heard. During the period of their\nterm as a commissioner appointed hereunder, each such commissioner is\nbarred from making, or soliciting from other persons, any contributions\nto candidates for election to the offices of governor and lieutenant\ngovernor, attorney general, comptroller, member of the assembly, or\nstate senator. Any vacancy occurring on the PCFB shall be filled within\nthirty days of its occurrence in the same manner as the member whose\nvacancy is being filled was appointed. A person appointed to fill a\nvacancy occurring other than by expiration of a term of office shall be\nappointed for the unexpired term of the member they succeed. Four\nmembers of the PCFB shall constitute a quorum, and the PCFB shall have\nthe power to act by majority vote of the total number of members of the\ncommission without vacancy. All members of the PCFB shall be appointed\nno later than the first day of July, two thousand twenty and the PCFB\nshall promulgate such regulations as are needed no later than the first\nday of July, two thousand twenty-one.\n 2. The PCFB and state board of elections may utilize existing state\nboard of elections staff and hire such other staff as are necessary to\ncarry out its duties. It may expand its staffing, as needed, to provide\nadditional candidate liaisons to assist candidates in complying with the\nterms of this public campaign finance system as provided for in these\nrecommendations, as well as auditors, trainers, attorneys, technical\nstaff and other such staff as the PCFB determines is necessary to\nadminister this system. Annually, on or before the first of every year,\nthe PCFB shall submit to the governor and the division of the budget a\nrequest for appropriations for the next state fiscal year to fully\nsupport the administration of the public campaign finance program\nestablished in this title.\n 3. The PCFB shall develop a program for informing candidates and the\npublic as to the purpose and effect of the provisions of this title,\nincluding by means of a webpage. The PCFB shall prepare in plain\nlanguage and make available educational materials, including compliance\nmanuals and summaries and explanations of the purposes and provisions of\nthis title. The PCFB shall provide compliance counseling and guidance to\ncandidates seeking to participate in public financing as provided for in\nthis title, as well as to such candidates who participate. The PCFB\nshall prepare or have prepared and make available materials, including,\nto the extent feasible, computer software, to facilitate the task of\ncompliance with the disclosure and record keeping requirements of this\ntitle.\n 3-a. The PCFB shall develop and administer in person and online\ntraining for individuals to become certified as compliance officers\nunder this title. Such training shall include information concerning\ncompliance with the rules of the public campaign finance program,\ndisclosure and record keeping requirements, obligations of the program,\nand other relevant information as determined by the PCFB. The PCFB shall\npromulgate regulations for the certification of compliance officers\npursuant to this subdivision and shall publish a list of certified\ncompliance officers on its website which shall be updated every thirty\ndays.\n 4. The PCFB shall have the authority to promulgate such rules and\nregulations and provide such forms as it deems necessary for the\nadministration of this title.\n 5. The PCFB shall provide an interactive, searchable computer database\nthat shall contain all information necessary for the proper\nadministration of this title, including information on contributions to\nand expenditures by candidates and their authorized committees,\nindependent expenditures in support or opposition of candidates for\ncovered offices, and distributions of moneys from the fund. Such\ndatabase shall be accessible to the public on the PCFB's webpage.\n 6. Any advice provided by PCFB staff to a participating or non\nparticipating candidate with regard to an action shall be presumptive\nevidence that such action, if taken in reliance on such advice, should\nnot be subject to a penalty or repayment obligation where such candidate\nor such candidate's committee has confirmed such advice in writing to\nsuch PCFB staff by registered or certified mail to the correct address,\nor by electronic or facsimile transmission with evidence of receipt,\ndescribing the action to be taken pursuant to the advice given and the\nPCFB or its staff has not responded to such written confirmation within\nseven business days disavowing or altering such advice, provided that\nthe PCFB's response shall be by registered or certified mail to the\ncorrect address, or by electronic or facsimile transmission with\nevidence of receipt.\n 7. The PCFB and its proceedings shall be subject to articles six and\nseven of the public officers law.\n 8. Notwithstanding any other provision of law including, but not\nlimited to, subdivision one of section 3-104 of this chapter, the PCFB\nshall have sole authority to investigate all referrals and complaints\nrelating to the administration of the program established hereunder and\nviolations of any of its provisions, and it shall have sole authority to\nadminister the program established in this title and to enforce such\nprovisions of this program except as otherwise provided in this title.\n 9. The PCFB may take such other actions as are necessary and proper to\ncarry out the purposes of this recommendation.\n