* § 14-209. Audits and repayments. 1. Audits. The board shall audit and examine all matters relating to the proper administration of this title and shall complete such audit no later than six months after the election in question. Every candidate who receives matching funds under this title shall be audited by the board. The cost of complying with a post-election audit shall be borne by the candidate's authorized committee using matching funds, private funds or any combination of such funds. Candidates who run in both a primary and general election must maintain a reserve of three percent of the matching funds received to comply with the post-election audit. The board shall issue to each campaign audited a final audit report that details its findings.
- 2. Repayments. (a) If the board 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 board an amount equal to the amount of excess payments. Provided, however, that if the erroneous payment was the result of an error by the board, then the erroneous payment will be deducted from any future payment, if any, and if no payment is to be made then neither the candidate nor the committee shall be liable to repay the excess amount to the board. The candidate, the treasurer and the candidate's authorized committee are jointly and severably liable for any repayments to the board.
- (b) If the board 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, it shall notify such committee of the amount so disqualified and such committee shall pay to the board an amount equal to such disqualified amount. The candidate, the treasurer and the candidate's authorized committee are jointly and severably liable for any repayments to the board.
- (c) If the total of 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 the two thousand fourteen comptroller election, such candidate and committee shall use such excess funds to reimburse the fund for payments received by such authorized committee from the fund during such calendar. Participating candidates shall pay to the board unspent public campaign funds from an election 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 board 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 board upon a determination by the board that the participant has knowingly 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 except for liabilities incurred before the election. 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. The board 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 board shall institute procedures which will make possible payment by the fund within four business days after receipt of the required forms and verifications. * NB Repealed December 31, 2014