NY Elec L § 14-207 (2021)
2021 New York Laws ELN - Election Article 14 - Campaign Receipts and Expenditures; Public Financing Title 2 - Public Financing 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  his  or  her   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 his or her 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,  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  he  or  she   succeeds.  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.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.* NB Effective November 9, 2022