N.Y. Election Law § 14-207: Composition, powers, and duties of the public campaign finance board

§ 14-207. Composition, powers, and duties of the public campaign

finance board. 1. There shall be a public campaign finance board within

the state board of elections that shall be comprised of the following

commissioners: the four state board of elections commissioners and three

additional commissioners, one jointly appointed by the legislative

leaders of one major political party in each house of the legislature,

one jointly appointed by the legislative leaders of the other major

political party in each house of the legislature, and one of whom shall

be appointed by the governor. Each commissioner must be a New York state

resident and registered voter, and may not currently be, or within the

previous five years have been, an officer of a political party or

political committee as defined in the election law, or a registered

lobbyist. The chair of the PCFB shall be designated by the PCFB from

among the three additional commissioners. Each of the three additional

commissioners shall receive a per diem of three hundred fifty dollars

for work actually performed not to exceed twenty-five thousand dollars

in any one calendar year. They shall be considered public officers for

purposes of sections seventy-three-a and seventy-four of the public

officers law. The three commissioners so appointed pursuant to this

recommendation will be appointed for a term of five years to commence on

July first, two thousand twenty and may be removed by their appointing

authority solely for substantial neglect of duty, gross misconduct in

office, inability to discharge the power or duties of office, after

written notice and opportunity to be heard. During the period of their

term as a commissioner appointed hereunder, each such commissioner is

barred from making, or soliciting from other persons, any contributions

to candidates for election to the offices of governor and lieutenant

governor, attorney general, comptroller, member of the assembly, or

state senator. Any vacancy occurring on the PCFB shall be filled within

thirty days of its occurrence in the same manner as the member whose

vacancy is being filled was appointed. A person appointed to fill a

vacancy occurring other than by expiration of a term of office shall be

appointed for the unexpired term of the member they succeed. Four

members of the PCFB shall constitute a quorum, and the PCFB shall have

the power to act by majority vote of the total number of members of the

commission without vacancy. All members of the PCFB shall be appointed

no later than the first day of July, two thousand twenty and the PCFB

shall promulgate such regulations as are needed no later than the first

day of July, two thousand twenty-one.

2. The PCFB and state board of elections may utilize existing state

board of elections staff and hire such other staff as are necessary to

carry out its duties. It may expand its staffing, as needed, to provide

additional candidate liaisons to assist candidates in complying with the

terms of this public campaign finance system as provided for in these

recommendations, as well as auditors, trainers, attorneys, technical

staff and other such staff as the PCFB determines is necessary to

administer this system. Annually, on or before the first of every year,

the PCFB shall submit to the governor and the division of the budget a

request for appropriations for the next state fiscal year to fully

support the administration of the public campaign finance program

established in this title.

3. The PCFB shall develop a program for informing candidates and the

public as to the purpose and effect of the provisions of this title,

including by means of a webpage. The PCFB shall prepare in plain

language and make available educational materials, including compliance

manuals and summaries and explanations of the purposes and provisions of

this title. The PCFB shall provide compliance counseling and guidance to

candidates seeking to participate in public financing as provided for in

this title, as well as to such candidates who participate. The PCFB

shall prepare or have prepared and make available materials, including,

to the extent feasible, computer software, to facilitate the task of

compliance with the disclosure and record keeping requirements of this

title.

3-a. The PCFB shall develop and administer in person and online

training for individuals to become certified as compliance officers

under this title. Such training shall include information concerning

compliance with the rules of the public campaign finance program,

disclosure and record keeping requirements, obligations of the program,

and other relevant information as determined by the PCFB. The PCFB shall

promulgate regulations for the certification of compliance officers

pursuant to this subdivision and shall publish a list of certified

compliance officers on its website which shall be updated every thirty

days.

4. The PCFB shall have the authority to promulgate such rules and

regulations and provide such forms as it deems necessary for the

administration of this title.

5. The PCFB shall provide an interactive, searchable computer database

that shall contain all information necessary for the proper

administration of this title, including information on contributions to

and expenditures by candidates and their authorized committees,

independent expenditures in support or opposition of candidates for

covered offices, and distributions of moneys from the fund. Such

database shall be accessible to the public on the PCFB's webpage.

6. Any advice provided by PCFB staff to a participating or non

participating candidate with regard to an action shall be presumptive

evidence that such action, if taken in reliance on such advice, should

not be subject to a penalty or repayment obligation where such candidate

or such candidate's committee has confirmed such advice in writing to

such PCFB staff by registered or certified mail to the correct address,

or by electronic or facsimile transmission with evidence of receipt,

describing the action to be taken pursuant to the advice given and the

PCFB or its staff has not responded to such written confirmation within

seven business days disavowing or altering such advice, provided that

the PCFB's response shall be by registered or certified mail to the

correct address, or by electronic or facsimile transmission with

evidence of receipt.

7. The PCFB and its proceedings shall be subject to articles six and

seven of the public officers law.

8. Notwithstanding any other provision of law including, but not

limited to, subdivision one of section 3-104 of this chapter, the PCFB

shall have sole authority to investigate all referrals and complaints

relating to the administration of the program established hereunder and

violations of any of its provisions, and it shall have sole authority to

administer the program established in this title and to enforce such

provisions of this program except as otherwise provided in this title.

9. The PCFB may take such other actions as are necessary and proper to

carry out the purposes of this recommendation.