2023 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.