S T A T E   O F   N E W   Y O R K
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                                  6687

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 30, 2015
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Election Law

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  fair  competition  for  publicly  financed candidates by
  establishing the Bloomberg waiver

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subparagraph (iii) of paragraph (a) of subdivision 1 of
section 3-718 of the administrative code of the city  of  New  York,  as
separately  added  by local law numbers 58, 59 and 60 of the city of New
York for the year 2004, is amended to read as follows:
  (iii) (A) file  a  written  certification  in  such  form  as  may  be
prescribed  by  the  campaign finance board, which sets forth his or her
acceptance of and agreement to comply with the terms and  conditions  of
this  section and the rules promulgated hereby, which includes an affir-
mation that the candidate has a sufficient amount of personal  funds  to
fund his or her campaign; [and]
  (B)  THAT THE CAMPAIGN FINANCE BOARD SHALL PROPOSE TO SUCH CANDIDATE A
VOLUNTARY PERSONAL FUNDS SPENDING LIMIT OF NOT  MORE  THAN  ONE  HUNDRED
TWENTY-FIVE PERCENT OF SUCH CAMPAIGN FINANCE BOARD'S RECOMMENDED EXPEND-
ITURE  LIMIT OF THE ELECTED OFFICE CONTESTED; PROVIDED, HOWEVER, THAT IF
SUCH LIMIT IS DECLINED BY SUCH CANDIDATE,  A  BLOOMBERG  WAIVER  OF  THE
EXISTING LIMITATIONS ON AN OPPOSING, PUBLICLY FUNDED CANDIDATE'S ABILITY
TO RAISE AND EXPEND PRIVATE FUNDS MAY BE GRANTED BY THE CAMPAIGN FINANCE
BOARD UPON APPLICATION, IN A MANNER DETERMINED BY SUCH BOARD, AND UPON A
SHOWING  OF  SUBSTANTIAL  FINANCIAL  DISADVANTAGE  DEMONSTRATED  BY  THE
DISPARITY IN PERSONAL FUNDS AVAILABLE; PROVIDED, HOWEVER, THAT ONCE SUCH
WAIVER IS GRANTED,  THE  FINANCIALLY  DISADVANTAGED  CANDIDATE  MAY  NOT
EXPEND A GREATER AMOUNT THAN THE AMOUNT EXPENDED BY THE PERSONALLY FUND-
ED OPPONENT AS REPORTED TO THE STATE BOARD OF ELECTIONS; EXCEPT THAT THE
LIMITATIONS ON MATCHING FUNDS SHALL NOT BE MODIFIED; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03458-01-5
              

A. 6687                             2

  (C) the deadline for filing such certification for a primary, general,
or  special  election  shall  be  the  deadline  date for filing written
certifications pursuant to PARAGRAPH (C) OF SUBDIVISION ONE  OF  section
[3-703(1)(c)]  3-703  by  candidates  seeking nomination for election or
election  to  the  same  office  in the same calendar year as candidates
seeking to file a certification pursuant to this subparagraph,  and  the
provisions  of  PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF  [such] section
[3-703(1)(c)] 3-703 relating to  the  occurrence  of  an  "extraordinary
circumstance" shall apply to limited participating candidates; and
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a  law  and  shall  apply  to
elections occurring on or after such effective date.