NY Elec L § 14-208 (2021)
2021 New York Laws ELN - Election Article 14 - Campaign Receipts and Expenditures; Public Financing Title 2 - Public Financing 14-208 - Audits and Repayments.

* § 14-208. Audits and repayments. 1. Audits. (a) The PCFB shall audit and  examine  all  matters relating to the proper administration of this title and shall complete all such audits no later than one and  one-half years  after  the election in question. This deadline shall not apply in cases involving potential campaign-related fraud,  knowing  and  willful violations of this article, or criminal activity.  (b)  Every  participating  candidate for statewide office who receives public funds as provided in this title,  and  every  candidate  for  any other  office  who  receives five hundred thousand dollars or greater in public funds as provided in this title, shall be  audited  by  the  PCFB along  with all other candidates in each such race. Such audits shall be completed within one and one-half years of the election in question.  (c) Except as provided in paragraph (b) of this subdivision, the  PCFB shall  select not more than one-third of all participating candidates in covered elections for audit through a lottery which shall  be  completed within one year of the election in question. A separate lottery shall be conducted  for  each  office.  The PCFB shall select senate and assembly districts to be audited,  auditing  every  candidate  in  each  selected district,  while  ensuring  that the number of audited candidates within those districts does not  exceed  fifty  percent  of  all  participating candidates  for the relevant office. The lottery for senate and assembly elections shall be weighted to increase the likelihood that  a  district for  the  relevant  office is audited based on how frequently it has not been selected for auditing during the past three  election  cycles.  The PCFB  shall  promulgate  rules  concerning  the  method of weighting the senate and assembly lotteries, including provisions for the first  three election cycles for each office.  (d) The cost of complying with a post-election audit shall be borne by the  candidate's authorized committee using public funds, private funds, or any combination of such funds. Candidates who run in any  primary  or general  election must maintain a reserve of three percent of the public funds received to comply with the post-election audit.  (e) The PCFB shall issue to each campaign audited a final audit report that details its findings.   2. Repayments. (a) If the PCFB determines  that  any  portion  of  the payment  made to a candidate's authorized committee from the fund was in excess of the aggregate amount  of  payments  that  such  candidate  was eligible  to  receive  pursuant  to  this  title,  it  shall notify such committee and such committee shall pay to the PCFB an  amount  equal  to the  amount  of  excess payments. Such committee shall first utilize the surplus for repayment of such sums and then such other funds as  it  may have. Provided, however, that if the erroneous payment was the result of an  error  by the PCFB, then the erroneous payment will be deducted from any future payment, if any, and if no future payment is to be made  then neither  the  candidate  nor  the committee shall be liable to repay the excess amount to the PCFB. The candidate and the candidate's  authorized committee  are  jointly  and  severally liable for any repayments to the PCFB.  (b) If the PCFB determines that any portion of the payment made  to  a candidate's  authorized  committee  from  the fund was used for purposes other than qualified campaign expenditures and  such  expenditures  were not  approved  by the PCFB, it shall notify such committee of the amount so disqualified and such committee shall pay to the PCFB an amount equal to such disqualified amount.  The  candidate,  the  treasurer,  and  the candidate's  authorized  committee  are jointly and severally liable for any repayments to the PCFB.  (c) If the total sum of contributions  received  and  public  matching payments  from the fund received by a participating candidate and his or  her authorized committee exceed the total campaign expenditures of  such candidate and authorized committee for all covered elections held in the same  calendar  year  or  for a special election to fill a vacancy, such candidate  and  committee  shall use such surplus funds to reimburse the fund for payments received by such authorized committee  from  the  fund during  such  calendar  year or for such special election. Participating candidates shall make such payments not  later  than  twenty-seven  days after  all liabilities for the election have been paid and in any event, not later than the day on which the PCFB issues its final  audit  report for   the  participating  candidate's  authorized  committee;  provided, however, that all unspent public  campaign  funds  for  a  participating candidate  shall  be  immediately  due  and  payable  to the PCFB upon a determination  by  the  PCFB  that  the  participant  has  delayed   the post-election  audit.  A  participating candidate may make post-election expenditures with public funds only  for  routine  activities  involving nominal cost associated with winding up a campaign and responding to the post-election audit. Nothing in this title shall be construed to prevent a  candidate  or  his  or  her  authorized committee from using campaign contributions received from private contributors  for  otherwise  lawful expenditures.   3.  Rules  and  regulations. (a) The PCFB shall promulgate regulations for the certification of the amount of funds payable by the  comptroller from  the fund established pursuant to section ninety-two-t of the state finance law, to a participating candidate that has qualified to  receive such  payment.  These  regulations  shall  include  the promulgation and distribution of forms on which contributions and expenditures are to  be reported,  the  periods during which such reports must be filed, and the verification required. The PCFB shall institute  procedures  which  will make  possible  payment  by  the  fund  within  four business days after receipt of the required forms and verifications.  (b)  All  rules  and  regulations   promulgated   pursuant   to   this recommendation shall be promulgated pursuant to the state administrative procedure  act.  The  PCFB's determinations pursuant to such regulations and these recommendations shall be deemed final.   * NB Effective November 9, 2022