2023 New York Laws › ELN - Election › Article 14 - Campaign Receipts and Expenditures; Public Financing › Title 2 - Public Financing › 14-203 - Eligibility.

§ 14-203. Eligibility.  1.  Terms  and  conditions. To be eligible for
voluntary public financing under this title, a candidate must:
(a) be a candidate in a covered election;
(b) meet all the requirements of law to have his or her  name  on  the
ballot,  subject  to  the  requirements  of subdivision three of section
1-104 and subdivision one of section 6-142 of this chapter;
(c) in the case of a covered general or special election,  be  opposed
by another candidate on the ballot who is not a write-in candidate;
(d)  submit  a certification in the form of an affidavit, in such form
as may be prescribed by the PCFB, that sets forth his or her  acceptance
of  and  agreement  to  comply  with  the  terms  and conditions for the
provision of such funds in each covered election and such  certification
shall be submitted at least four months before a primary election and on
the  last  day  in  which  a  certification  of nomination is filed in a
special election pursuant to a schedule promulgated by the PCFB;
(e) be certified as a participating candidate by the PCFB;
(f) not make, and not have made, expenditures from or use his  or  her
personal  funds  or  property  or the personal funds or property jointly
held with his or her spouse, or  unemancipated  children  in  connection
with his or her nomination for election or election to a covered office,
but  may  make  a  contribution to his or her authorized committee in an
amount that does not exceed  three  times  the  applicable  contribution
limit  from  an individual contributor to candidates for the office that
he or she is seeking;
(g) meet the threshold for eligibility set forth in subdivision two of
this section;
(h) continue to abide by all  requirements  during  the  post-election
period; and
(i)   not   have  accepted  contributions  in  amounts  exceeding  the
contribution limits set forth for candidates in paragraphs a  and  b  of
subdivision  one  of  section 14-114 of this article during the election
cycle for which the candidate seeks certification;
(i) Provided however, that,  if  a  candidate  accepted  contributions
exceeding  such  limits, such acceptance shall not prevent the candidate
from being certified by the PCFB if the candidate in a reasonable  time,
as  determined  by  rule, pays to the fund or returns to the contributor
the  portion  of  any  contribution   that   exceeded   the   applicable
contribution limit.
(ii)  If  the candidate is unable to return such funds in a reasonable
time, as determined by rule,  because  they  have  already  been  spent,
acceptance  of  contributions exceeding the limits shall not prevent the
candidate from being certified by the PCFB if the candidate  submits  an
affidavit  agreeing to pay to the fund all portions of any contributions
that exceeded the limit no later than thirty  days  before  the  general
election.  If  a candidate provides the PCFB with such an affidavit, any
disbursement of public funds to the candidate shall  be  reduced  by  no
more  than  twenty-five  percent  until  the  total  amount  owed by the
candidate is repaid.
(iii) Nothing in this  section  shall  be  interpreted  to  require  a
candidate who retains funds raised during any previous election cycle to
forfeit such funds. Funds raised during a previous election cycle may be
retained  and  used by the candidate for the candidate's campaign in the
next election cycle but funds  shall  not  qualify  for  satisfying  the
threshold  for  participating  in  the  public  campaign finance program
established in this title nor shall they be eligible to be matched.  The
PCFB  shall  adopt  regulations  to ensure that contributions that would
satisfy the applicable contribution  limits  authorized  in  this  title
shall be transferred into the appropriate campaign account.
(iv)  Contributions received and expenditures made by the candidate or
an authorized committee of the candidate prior to the effective date  of
this  title  shall  not constitute a violation of this title. Unexpended
contributions shall be treated the  same  as  campaign  surpluses  under
subparagraph  (iii)  of  this  paragraph. Nothing in this recommendation
shall be construed to  limit,  in  any  way,  any  candidate  or  public
official  from  expending any portion of pre-existing campaign funds for
any lawful purpose other than those related to his or her campaign.
(v) A candidate who has raised matchable  contributions  but,  in  the
case  of  a covered primary, general or special election, is not opposed
by another candidate on the ballot who is not a write-in  candidate,  or
who chooses not to accept matchable funds, may retain such contributions
and  apply  them  in  accord  with  this  title  to the candidate's next
campaign, should there be one, in the next election cycle.
2. Threshold for eligibility. (a) The threshold  for  eligibility  for
public funding for participating candidates shall be in the case of:
(i)   governor,  not  less  than  five  hundred  thousand  dollars  in
contributions including at least five thousand  matchable  contributions
shall be counted toward this qualifying threshold;
(ii)  lieutenant  governor, attorney general and comptroller, not less
than one hundred thousand dollars in contributions  including  at  least
one  thousand  matchable  contributions  shall  be  counted  toward this
qualifying threshold;
(iii) state senator, except as otherwise provided in paragraph (c)  of
this subdivision, not less than twelve thousand dollars in contributions
including  at  least  one hundred fifty matchable contributions shall be
counted toward this qualifying threshold; and
(iv) member of the assembly, except as otherwise provided in paragraph
(c)  of  this  subdivision,  not  less  than  six  thousand  dollars  in
contributions  including  at  least seventy-five matchable contributions
shall be counted toward this qualifying threshold.
(b) However, solely for purposes of achieving the monetary  thresholds
in  paragraph  (a)  of  this  subdivision,  the  first two hundred fifty
dollars of any contribution of more than two hundred fifty dollars to  a
candidate  or a candidate's committee which would otherwise be matchable
except that it comes from a contributor who has  contributed  more  than
two hundred fifty dollars to such candidate or candidate's committee, is
deemed  to be a matchable contribution and shall count toward satisfying
such  monetary  threshold  but  shall  not  otherwise  be  considered  a
matchable contribution.
(c)  With  respect  to  the minimum dollar threshold for participating
candidates for state senate and state assembly, in such districts  where
average  median  income  ("AMI")  is  below the AMI as determined by the
United States Census Bureau three years before such election  for  which
public  funds  are sought, such minimum dollar threshold for eligibility
shall be  reduced  by  one-third.  The  PCFB  shall  make  public  which
districts  are  subject to such reduction no later than two years before
the first primary election for which funding is sought.
(d) Any participating candidate meeting the threshold for  eligibility
in  a primary election for one of the foregoing offices shall be applied
to satisfy the threshold for eligibility for such office  in  any  other
subsequent  election  held  in the same calendar year. Any participating
candidate who is nominated in a primary election and has participated in
the public financing program set forth in this title,  must  participate
in the general election for such office.