N.Y. Election Law § 14-209: Enforcement and penalties for violations and other proceedings

§ 14-209. Enforcement and penalties for violations and other

proceedings. 1. Civil penalties. Violations of any provisions regarding

public campaign financing stated in this title or regulation promulgated

pursuant to this title shall be subject to a civil penalty in an amount

not in excess of fifteen thousand dollars and such other lesser fines as

the PCFB may promulgate in regulation. Candidates may contest alleged

failures to file, late reports and reports with noticed deficiencies and

have an opportunity to be heard by the PCFB. The PCFB shall promulgate a

regulation setting forth a schedule of fines for such infractions

including those that it may assess directly on violators. The PCFB shall

investigate referrals and complaints. After investigation, it may

recommend dismissal, settlement, civil action, or referral to law

enforcement. The PCFB may assess penalties and it is authorized to

commence a civil action in court to enforce all penalties and recover

money due.

2. Notice of violation and opportunity to be heard. The PCFB shall:

(a) determine whether a violation of any provision of this title or

regulation promulgated hereunder has been committed;

(b) serve written notice upon each person or entity it has reason to

believe has committed a violation and such written notice shall describe

with particularity the nature of the alleged violation including a

written reference to a specific law or regulation alleged to have been

violated;

(c) provide such person or entity an opportunity to be heard pursuant

to the state administrative procedure act and any regulations of the

PCFB; and

(d) if appropriate, assess penalties for violations, following such

notice and opportunity to be heard.

3. Criminal conduct. Any person who knowingly and willfully furnishes

or submits false statements or information to the PCFB in connection

with its administration of this title shall be guilty of a misdemeanor

in addition to any other penalty as may be imposed under this chapter or

pursuant to any other law. The attorney general, upon referral from the

PCFB, shall have exclusive authority to prosecute any such criminal

violation. The PCFB shall seek to recover any public matching funds

obtained as a result of such criminal conduct.

4. Court proceedings. Proceedings as to public financing brought under

this title shall have preference over all other causes in all courts.

(a) The determination of eligibility pursuant to this title and any

question or issue relating to payments for campaign expenditures

pursuant to this title may be contested in a proceeding instituted in

the Supreme Court, Albany county by any aggrieved candidate.

(b) A proceeding with respect to such a determination of eligibility

or payment for qualified campaign expenditures pursuant to this chapter

shall be instituted within fourteen days after such determination was

made. The PCFB shall be made a party to any such proceeding.

(c) Upon the PCFB's failure to receive the amount due from a

participating candidate or such candidate's authorized committee after

the issuance of written notice of such amount due, as required by this

title, the PCFB is authorized to institute a special proceeding or civil

action in Supreme Court, Albany county to obtain a judgment for any

amounts determined to be payable to the PCFB as a result of an

examination and audit made pursuant to this title or to obtain such

amounts directly from the candidate or authorized committee after a

hearing at the PCFB.

(d) The PCFB shall settle or, in its sole discretion, institute a

special proceeding or civil action in Supreme Court, Albany county to

obtain a judgment for civil penalties determined to be payable to the

PCFB pursuant to this title or to impose such penalty directly after a

hearing at the PCFB.