2023 New York Laws › ELN - Election › Article 14 - Campaign Receipts and Expenditures; Public Financing › Title 2 - Public Financing › 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.