Section 3-705. Optional public financing

Each participating candidate for
  nomination for election or election in a  covered  election  may  obtain
  payment  to  his  or  her  principal  committee  from  public  funds for
  qualified campaign expenditures, in accordance with  the  provisions  of
  this chapter, and subject to appropriation.
    1.  No such public funds shall be paid to a principal committee unless
  the board determines  that  the  participating  candidate  has  met  the
  eligibility  requirements  of this chapter. Payment shall not exceed the
  amounts specified in this chapter, and shall be made only in  accordance
  with  the  provisions  of this chapter. Such payment may be made only to
  the participating candidate's principal committee. No public 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. (a) If the threshold for  eligibility  is  met,  the  participating
  candidate's  principal  committee  shall  receive  payment for qualified
  campaign expenditures of six dollars for each one  dollar  of  matchable
  contributions,  up  to  one  thousand  fifty dollars in public funds per
  contributor (or up to five hundred twenty-two dollars  in  public  funds
  per  contributor  in  the  case  of  a  special  election), obtained and
  reported to the campaign finance board in accordance with the provisions
  of this chapter.
    (b) Except as otherwise  provided  in  subdivision  three  of  section
  3-706,  in  no  case  shall  the  principal committee of a participating
  candidate receive public funds pursuant to paragraph (a) above in excess
  of an amount equal to fifty-five percent of the  expenditure  limitation
  provided  in  subdivision  one of section 3-706 for the office for which
  such candidate seeks nomination for election or election.
    (c) No funds shall be  provided  pursuant  to  this  subdivision  with
  respect  to  any  covered election specified in subdivision five of this
  section.
    3. A participating  candidate  seeking  or  obtaining  nomination  for
  election by more than one party shall be deemed one candidate, and shall
  not   receive  additional  public  funds  or  be  authorized  to  accept
  contributions in excess of the maximum contribution applicable  pursuant
  to  paragraph (f) of subdivision one of section 3-703 or make additional
  expenditures by reason of such candidate seeking or obtaining nomination
  for election by more than one party. Subdivision five of  section  3-703
  shall  not  be  applicable  to  such  a candidate who is opposed for the
  nomination of at least one party in a primary election. The  elimination
  of the expenditure limitations and qualification for additional matching
  funds  provided  in  subdivision  three  of  section  3-706 shall not be
  applicable to such a candidate who is opposed for the nomination  of  at
  least one party solely by participating candidates.
    4.  The campaign finance board shall make possible payment within four
  business days after receipt of reports of matchable contributions, or as
  soon thereafter as is practicable, but not  earlier  than  the  earliest
  dates  for making such payments as provided in subdivisions five and six
  of section 3-709; provided, however, that the board shall withhold up to
  five percent of all public funds payments  to  participating  candidates
  until  the  final pre-election payment for any given election. The board
  shall schedule a minimum of three payment dates within the  thirty  days
  prior  to  a  covered  election. For purposes of such payment dates, the
  board  shall  provide  each  candidate  with  a  written   determination
  specifying  the  basis  for  any  non-payment.  The  board shall provide
  candidates with a process by which they may immediately upon receipt  of
  such  determination  petition  the board for reconsideration of any such
  non-payment and such reconsideration shall occur  within  five  business

  days  of the filing of such petition. In the event that the board denies
  such petition then it shall immediately notify the candidate of  his  or
  her  right  to  bring a special proceeding pursuant to article 78 of the
  civil practice law and rules.
    5.  (a)  Notwithstanding  any  other  provision  of  this  chapter,  a
  participating candidate in a run-off primary election held  pursuant  to
  section  6-162  of  the New York state election law or a run-off special
  election to fill a vacancy shall obtain  prompt  payment  for  qualified
  campaign  expenditures  in an amount equal to twenty-five cents for each
  one dollar of  public  funds  paid  pursuant  to  this  chapter  to  the
  candidate's principal committee for the preceding election.
    (b)  The  board  shall  promulgate  rules  to  provide  for the prompt
  issuance of additional public funds to eligible participating candidates
  for qualified campaign expenditures in the case of an additional day for
  voting held pursuant to section 3-108 of the  New  York  state  election
  law, an election held pursuant to court order, or a delayed or otherwise
  postponed election.
    (c)  Except  as  provided  for  by  this  subdivision  and  any  rules
  promulgated hereby, no public funds shall be provided to  any  candidate
  for  any  run-off  primary  election, run-off special election to fill a
  vacancy, additional day for voting,  election  held  pursuant  to  court
  order, or delayed or otherwise postponed election.
    6.  Notwithstanding  any  other  provision  of  this  chapter  to  the
  contrary, to protect  the  public  fund  from  disproportionately  large
  payments  when  the  number  of  voters  eligible  to  vote in a primary
  election is small, the board shall adopt rules setting a reduced maximum
  primary election public funds payment for  participating  candidates  on
  the  ballot  in  one  or  more  primary elections in which the number of
  persons eligible to vote for party nominees total fewer than such number
  as shall be specified by the board in such rules, if any. Any such rules
  shall not  apply  to  participating  candidates  opposed  in  a  primary
  election  by one or more participating candidates who are not subject to
  such reduced maximum primary election  public  funds  payment  or  by  a
  non-participating  candidate  who  makes  expenditures  in  excess  of a
  specified amount for such primary election, as determined by the board.
    7. Notwithstanding any provision of this section to the contrary,  the
  amount  of  public funds payable a participating candidate on the ballot
  in any covered election shall not exceed  one  quarter  of  the  maximum
  public  funds payment otherwise applicable under subdivision two of this
  section, unless:
    (a) the participating candidate is opposed  by  a  candidate  and  the
  board has determined that such other candidate and his or her authorized
  committees  have  spent  or  contracted  or  have obligated to spend, or
  received in loans or contributions, or both, an  amount  which,  in  the
  aggregate,  exceeds  one-fifth  of  the applicable expenditure limit for
  such office fixed by subdivision one of section 3-706  of  this  chapter
  for participating candidates; or
    (b)  the  participating  candidate  has  submitted  a certified signed
  statement attesting to the need and stating the  reason  for  additional
  public  funds  in  such  election, in which case the board shall publish
  such statement at the  time  such  additional  public  funds  are  paid,
  including  on  the board's internet website. Such statement must certify
  that (i) one or more of the following conditions  apply  and  (ii)  such
  condition  or conditions reasonably demonstrate the need for such public
  funds,  and  the  participating  candidate  must  provide  documentation
  demonstrating the existence of such condition or conditions:
    (1)  the participating candidate is opposed by (i) a non-participating
  candidate or (ii) a limited  participating  candidate,  and  provides  a

  factual  basis with supporting documentation of such candidate's ability
  to self finance;
    (2)  the  participating  candidate  is  opposed by a candidate who has
  received (i) the endorsement of a citywide or statewide elected official
  or a federal elected official representing all or a portion of the  area
  covered  by  the election; (ii) two or more endorsements from other city
  elected officials who represent all or a part of the area covered by the
  election; or (iii) endorsements of one or more membership  organizations
  with a membership of over 250 members;
    (3)  the participating candidate is opposed by a candidate who has had
  significant media exposure in the twelve months preceding the  election.
  For  purposes  of  this paragraph, significant media exposure shall mean
  appearance of the opponent or his or her name on television or radio  in
  the  area  of  the  covered  election  or  in  print  media  in  general
  circulation in the area of the covered election at least twelve times in
  the year preceding the covered election;  provided,  however,  that  the
  listing  of  names  of  candidates or potential candidates for a covered
  election without additional information concerning  the  opponent  shall
  not constitute an appearance for purposes of this paragraph;
    (4)  the  participating  candidate  is  opposed by a candidate who 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 area that is
  the subject of the current election in the last  eight  years  preceding
  the election;
    (5)  the  participating candidate is opposed by a candidate whose name
  is substantially similar to the candidate's so as to result in confusion
  among voters, as determined by the board;
    (6) the participating candidate in a city council or borough-wide race
  is opposed by a candidate who is a chairman or president of a  community
  board or district manager of a community board; or
    (7)  the  participating  candidate  is  opposed  by  a candidate whose
  spouse, domestic partner, sibling, parent or child  holds  or  has  held
  elective  office  in an area encompassing all or part of the area of the
  covered election in the past ten years.
    The board shall be  authorized  to  verify  the  truthfulness  of  any
  certified  statement  submitted  pursuant  to  this paragraph and of any
  supporting documentation and shall post such  certified  statements  and
  supporting documentation on its website.
    (c)  the  participating  candidate  is opposed in a primary or special
  election for an office for which no incumbent is seeking re-election.
    If any of the conditions described in  paragraphs  (a),  (b),  or  (c)
  occur  in  such  election,  the  board  shall pay any and all additional
  public funds due to the participating candidate up to the maximum  total
  payment  applicable  in  such  election under subdivisions two or six of
  this section or subdivision three of section 3-706 of this chapter.
    8. Contributions by a principal committee of a participating candidate
  to other political committees shall not be a basis for  reducing  public
  funds payments, provided that: (a) such principal committee has received
  contributions   (other   than  matchable  contributions)  that,  in  the
  aggregate, exceed the total of such  contributions  to  other  political
  committees and (b) such contributions in the aggregate do not exceed:
    (i)  three  thousand  dollars,  if  such  principal  committee  is the
  principal committee of a participating candidate seeking nomination  for
  election or election to the office of member of the city council;
    (ii)  five  thousand  dollars,  if  such  principal  committee  is the
  principal committee of a participating candidate seeking nomination  for
  election or election to the office of borough president; and

    (iii)  ten  thousand  dollars,  if  such  principal  committee  is the
  principal committee of a participating candidate seeking nomination  for
  election or election to a city-wide office.
    9.  If  a participating candidate endorses or publicly supports his or
  her opponent for election, such candidate  shall  not  be  eligible  for
  public funds.
    10.  A  participating  candidate who loses in the primary election but
  remains on the ballot for the general election must certify to the board
  before receiving public funds that he or she will actively campaign  for
  office;  such  campaign  activity  shall include, but not be limited to,
  raising and spending funds, seeking endorsements, and broadly soliciting
  votes.