N.Y. Election Law § 14-205: Payment of public matching funds

§ 14-205. Payment of public matching funds. 1. Determination of

eligibility. No public matching funds shall be paid to an authorized

committee unless the PCFB determines that the participating candidate

has met the eligibility requirements of this title. Payment shall not

exceed the amounts specified in subdivision two of this section, and

shall be made only in accordance with the provisions of this title. Such

payment may be made only to the participating candidate's authorized

committee. No public matching 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. Calculation of payment. (a) In any election for a public office to

be voted on by the voters of the entire state or for nomination to any

such office, if the threshold for eligibility is met, the participating

candidate's authorized committee shall receive payment for qualified

campaign expenditures of six dollars of public matching funds for each

one dollar of matchable contributions, obtained and reported to the PCFB

in accordance with the provisions of this title. The maximum payment of

public matching funds shall be limited to the amounts set forth in this

section for the covered election.

(b) In any election for state senate or state assembly or for

nomination to any such office, if the threshold for eligibility is met,

the participating candidate's authorized committee shall receive payment

for qualified campaign expenditures for matchable contributions of

eligible private funds per contributor, obtained, and reported to the

PCFB herein, of: twelve dollars of public matching funds for each of the

first fifty dollars of matchable contributions; nine dollars of public

matching funds for each of the next one hundred dollars of public

matchable contributions; and eight dollars for the each of the next one

hundred dollars of public matchable contributions. The maximum payment

of public matching funds shall be limited to the amounts set forth in

this section for the covered election.

3. Timing of payment. (a) The PCFB shall make any payment of public

matching funds to participating candidates as soon as is practicable.

But in all cases, it shall verify eligibility for public matching funds

within four days, excluding weekends and holidays, of receiving a

campaign contribution report filed in compliance with section 14-104 of

this article. Within two days of determining that a candidate for a

covered office is eligible for public matching funds, it shall authorize

payment of the applicable matching funds owed to the candidate.

(b) The PCFB shall schedule payment dates as follows: for the primary

election period, one payment no later than one week after the deadline

to accept or decline designations for the primary election, and at least

four payments prior to the primary date; for the general election

period, one payment no later than July first, at least one additional

payment in July, at least one payment in August, at least two payments

in September, at least two payments in October, at least one payment in

November, and at least one payment in December; and for any other

covered election, a minimum of three payment days within the thirty days

prior to such covered election. If any of such payments would require

payment on a weekend or federal holiday, payment shall be made on the

next business day. A certification pursuant to paragraph (d) of

subdivision one of section 14-203 of this title shall be required to

have been filed with the PCFB no later than fifteen business days prior

to the payment date on which a participating candidate is eligible to

receive public funds pursuant to this subdivision. For purposes of such

payment dates, the PCFB shall provide each candidate with a written

determination specifying the basis for any non-payment and a report of

all contributions accepted and matched with public funds.

4. 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 and no participating

candidate shall be eligible to receive a disbursement of public funds

prior to two weeks after the last day to file designating petitions for

a primary election unless the participating candidate is opposed by a

competitive candidate. A participating candidate shall be considered

opposed by a competitive candidate when at least one of the following

conditions are met:

(a) For a covered general election only if the margin of victory was

twenty points or less in a contest involving an opposing major party

candidate in an election for public office in an area encompassing all

or part of the area that is the subject of the current election in the

last eight years preceding the election of the covered office sought.

(b) The opposing candidate has received the endorsement of a current

or former statewide elected official, or a current or former federal

elected official representing all or a portion of the area represented

by the covered office sought, or a current or former United States

senator, or in the case of a district that encompasses a portion of New

York city, a current or former citywide elected official.

(c) The opposing candidate has received three or more endorsements

from other current or former state, county, city, town, or village

elected officials who represent all or a part of the area covered by the

election.

(d) In the past ten years, the opposing candidate's spouse, domestic

partner, sibling, parent, or child holds or has held elective office in

an area encompassing all or part of the district represented by the

covered office sought.

(e) The opposing candidate has been deemed eligible to receive public

funds payment for the covered election.

(f) The general election in that district was within a twenty-point

margin within the last six years.

(g) The opposing candidate is self-funding in an amount equal to the

minimum dollar thresholds for eligibility set forth in paragraph (a) or

(c) of subdivision two of section 14-203 of this title.

(h) The opposing candidate previously held elected office.

(i) The opposing candidate has received endorsement of one or more

membership organizations with a membership of over one hundred fifty

members; provided however, that the participating candidate must provide

a description of the organization endorsing such opposing candidate and

attach any available evidence of such endorsement.

(j) Within the last eight years, the opposing candidate has received

twenty-five percent or more of the vote in an election for public office

in an area encompassing all or part of the district represented by the

covered office sought.

5. Electronic funds transfer. The PCFB shall, in consultation with the

office of the comptroller, promulgate rules to facilitate electronic

funds transfers directly from the campaign finance fund into an

authorized committee's bank account.

6. Irregularly scheduled elections. Notwithstanding any other

provision of this title, the PCFB shall promulgate rules to provide for

the prompt issuance of public matching funds to eligible participating

candidates for qualified campaign expenditures in the case of any other

covered election held on a day different from the day originally

scheduled, including special elections. Provided, however in all cases,

the PCFB shall: (a) within four days, excluding weekends and holidays,

of receiving a report of contributions from a candidate for a covered

office claiming eligibility for public matching funds, verify that

candidate's eligibility for public matching funds; and (b) within two

days of determining that the candidate for a covered office is eligible

for public matching funds, it shall authorize payment of the applicable

matching funds owed to the candidate.