N.Y. Election Law § 14-205 – Payment of public matching funds

1. Determination of eligibility. No public matching funds shall be paid to an authorized committee unless the PCFB determines that the participating candidate has met the eligibility requirements of this title. Payment shall not exceed the amounts specified in subdivision two of this section, and shall be made only in accordance with the provisions of this title. Such payment may be made only to the participating candidate's authorized committee. No public matching funds shall be used except as reimbursement or payment for qualified campaign expenditures actually and lawfully incurred or to repay loans used to pay qualified campaign expenditures.
2. Calculation of payment. (a) In any election for a public office to be voted on by the voters of the entire state or for nomination to any such office, if the threshold for eligibility is met, the participating candidate's authorized committee shall receive payment for qualified campaign expenditures of six dollars of public matching funds for each one dollar of matchable contributions, obtained and reported to the PCFB in accordance with the provisions of this title. The maximum payment of public matching funds shall be limited to the amounts set forth in this section for the covered election.
(b) In any election for state senate or state assembly or for nomination to any such office, if the threshold for eligibility is met, the participating candidate's authorized committee shall receive payment for qualified campaign expenditures for matchable contributions of eligible private funds per contributor, obtained, and reported to the PCFB herein, of: twelve dollars of public matching funds for each of the first fifty dollars of matchable contributions; nine dollars of public matching funds for each of the next one hundred dollars of public matchable contributions; and eight dollars for the each of the next one hundred dollars of public matchable contributions. The maximum payment of public matching funds shall be limited to the amounts set forth in this section for the covered election.
3. Timing of payment. (a) The PCFB shall make any payment of public matching funds to participating candidates as soon as is practicable. But in all cases, it shall verify eligibility for public matching funds within four days, excluding weekends and holidays, of receiving a campaign contribution report filed in compliance with section 14-104 of this article. Within two days of determining that a candidate for a covered office is eligible for public matching funds, it shall authorize payment of the applicable matching funds owed to the candidate.
(b) The PCFB shall schedule payment dates as follows: for the primary election period, one payment no later than one week after the deadline to accept or decline designations for the primary election, and at least four payments prior to the primary date; for the general election period, one payment no later than July first, at least one additional payment in July, at least one payment in August, at least two payments in September, at least two payments in October, at least one payment in November, and at least one payment in December; and for any other covered election, a minimum of three payment days within the thirty days prior to such covered election. If any of such payments would require payment on a weekend or federal holiday, payment shall be made on the next business day. A certification pursuant to paragraph (d) of subdivision one of section 14-203 of this title shall be required to have been filed with the PCFB no later than fifteen business days prior to the payment date on which a participating candidate is eligible to receive public funds pursuant to this subdivision. For purposes of such payment dates, the PCFB shall provide each candidate with a written determination specifying the basis for any non-payment and a report of all contributions accepted and matched with public funds.
4. Notwithstanding any provision of this section to the contrary, the amount of public funds payable to a participating candidate on the ballot in any covered election shall not exceed one-quarter of the maximum public funds payment otherwise applicable and no participating candidate shall be eligible to receive a disbursement of public funds prior to two weeks after the last day to file designating petitions for a primary election unless the participating candidate is opposed by a competitive candidate. A participating candidate shall be considered opposed by a competitive candidate when at least one of the following conditions are met:
1. (a) For a covered general election only if the margin of victory was twenty points or less in a contest involving an opposing major party candidate in an election for public office in an area encompassing all or part of the area that is the subject of the current election in the last eight years preceding the election of the covered office sought.
2. (b) The opposing candidate has received the endorsement of a current or former statewide elected official, or a current or former federal elected official representing all or a portion of the area represented by the covered office sought, or a current or former United States senator, or in the case of a district that encompasses a portion of New York city, a current or former citywide elected official.
3. (c) The opposing candidate has received three or more endorsements from other current or former state, county, city, town, or village elected officials who represent all or a part of the area covered by the election.
4. (d) In the past ten years, the opposing candidate's spouse, domestic partner, sibling, parent, or child holds or has held elective office in an area encompassing all or part of the district represented by the covered office sought.
5. (e) The opposing candidate has been deemed eligible to receive public funds payment for the covered election.
6. (f) The general election in that district was within a twenty-point margin within the last six years.
7. (g) The opposing candidate is self-funding in an amount equal to the minimum dollar thresholds for eligibility set forth in paragraph (a) or (c) of subdivision two of section 14-203 of this title.
8. (h) The opposing candidate previously held elected office.
9. (i) The opposing candidate has received endorsement of one or more membership organizations with a membership of over one hundred fifty members; provided however, that the participating candidate must provide a description of the organization endorsing such opposing candidate and attach any available evidence of such endorsement.
10. (j) Within the last eight years, the opposing candidate has received twenty-five percent or more of the vote in an election for public office in an area encompassing all or part of the district represented by the covered office sought.
5. Electronic funds transfer. The PCFB shall, in consultation with the office of the comptroller, promulgate rules to facilitate electronic funds transfers directly from the campaign finance fund into an authorized committee's bank account.
6. Irregularly scheduled elections. Notwithstanding any other provision of this title, the PCFB shall promulgate rules to provide for the prompt issuance of public matching funds to eligible participating candidates for qualified campaign expenditures in the case of any other covered election held on a day different from the day originally scheduled, including special elections. Provided, however in all cases, the PCFB shall: (a) within four days, excluding weekends and holidays, of receiving a report of contributions from a candidate for a covered office claiming eligibility for public matching funds, verify that candidate's eligibility for public matching funds; and (b) within two days of determining that the candidate for a covered office is eligible for public matching funds, it shall authorize payment of the applicable matching funds owed to the candidate.