Bill Text: NY S03668 | 2025-2026 | General Assembly | Introduced

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Bill Title: Amends provisions relating to public campaign financing; changes certain thresholds and procedures; permits retention of matching funds for future use; specifies when a candidate is opposed by a competitive candidate; requires a disclosure on political communications.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced) 2025-01-29 - REFERRED TO ELECTIONS [S03668 Detail]

Download: New_York-2025-S03668-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3668

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 29, 2025
                                       ___________

        Introduced  by  Sens.  SKOUFIS,  ADDABBO, BAILEY, BROUK, CLEARE, COONEY,
          FELDER, FERNANDEZ, GONZALEZ, MARTINEZ, MAY, PARKER, PERSAUD,  S. RYAN,
          SALAZAR,  SCARCELLA-SPANTON, SEPULVEDA, WEBB -- read twice and ordered
          printed, and  when  printed  to  be  committed  to  the  Committee  on
          Elections

        AN ACT to amend the election law, in relation to public campaign financ-
          ing; and to repeal section 11 of part ZZZ of chapter 58 of the laws of
          2020  amending the election law relating to public financing for state
          office; amending the state finance law relating  to  establishing  the
          New  York state campaign finance fund; and amending the tax law relat-
          ing to establishing the NYS campaign finance fund check-off,  relating
          to the severability of the provisions thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (a) of subdivision 11 of section 14-200-a of  the
     2  election  law,  as  added  by section 4 of part ZZZ of chapter 58 of the
     3  laws of 2020, is amended to read as follows:
     4    (a) "matchable contribution" means a contribution not less  than  five
     5  dollars and not more than two hundred fifty dollars, for a candidate for
     6  public  office  to  be voted on by the voters of the entire state or for
     7  nomination to any such office, a contribution for any covered  elections
     8  held in the same election cycle, made by a natural person who is a resi-
     9  dent  in  the  state of New York to a participating candidate, and for a
    10  candidate for election to the state assembly  or  state  senate  or  for
    11  nomination  to any such office, a contribution for any covered elections
    12  held in the same election cycle, made by a natural  person  who  at  the
    13  time such contribution is made is also a resident of such state assembly
    14  or state senate district from which such candidate is seeking nomination
    15  or  election,  that  has been reported in full to the PCFB in accordance
    16  with sections 14-102 and 14-104  of  this  article  by  the  candidate's
    17  authorized  committee  and  has been contributed on or before the day of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01543-01-5
        S. 3668                             2

     1  the applicable  primary,  general,  runoff,  or  special  election.  Any
     2  contribution,  contributions,  or a portion of a contribution determined
     3  to be invalid for matching funds by the PCFB may not  be  treated  as  a
     4  matchable contribution for any purpose.
     5    §  2. Subdivision 19 of section 14-200-a of the election law, as added
     6  by section 4 of part ZZZ of chapter 58 of the laws of 2020,  is  amended
     7  to read as follows:
     8    19.  "surplus" means [those funds where the total sum of contributions
     9  received and] the difference between public [matchable]  matching  funds
    10  received  by a participating candidate and [his or her] such candidate's
    11  authorized committee [exceeds the total campaign  expenditures  of  such
    12  candidate  and  authorized  committee] for all covered elections held in
    13  the same calendar year or for a special election to fill a  vacancy  and
    14  the total such candidate and such candidate's authorized committee spent
    15  on  qualified campaign expenditures; provided that in cases where quali-
    16  fied campaign expenditures of  such  candidate  exceed  public  matching
    17  funds received by such candidate and such candidate's authorized commit-
    18  tee  for  all  covered elections held in the same calendar year or for a
    19  special election to fill a vacancy, the surplus is zero.
    20    § 3. Section 14-203 of the election law, as added by section 4 of part
    21  ZZZ of chapter 58 of the laws of 2020, is amended to read as follows:
    22    § 14-203. Eligibility. 1. Terms and conditions.  To  be  eligible  for
    23  [voluntary  public  financing] public matching funds under this title, a
    24  candidate must:
    25    (a) be a candidate in a covered election;
    26    (b) meet all the requirements of law to have [his or her] such  candi-
    27  date's  name  on  the ballot, subject to the requirements of subdivision
    28  three of section 1-104 and subdivision one  of  section  6-142  of  this
    29  chapter;
    30    (c)  in  the case of a covered general or special election, be opposed
    31  by another candidate on the ballot who is not a write-in candidate;
    32    (d) submit a certification in the form of an affidavit, in  such  form
    33  as  may  be  prescribed  by  the PCFB, that sets forth [his or her] such
    34  candidate's acceptance of and agreement to comply  with  the  terms  and
    35  conditions  for the provision of such funds in each covered election and
    36  such certification shall be submitted at  least  four  months  before  a
    37  primary  election  and on the last day in which a certification of nomi-
    38  nation is filed in a special election pursuant to a schedule promulgated
    39  by the PCFB;
    40    (e) be certified as a participating candidate by the PCFB;
    41    (f) not make, and not have made, expenditures from or use [his or her]
    42  such candidate's personal funds or property or  the  personal  funds  or
    43  property  jointly  held  with  [his  or her] such candidate's spouse, or
    44  unemancipated children in connection with [his or her] such  candidate's
    45  nomination  for election or election to a covered office, but may make a
    46  contribution to [his or her] such candidate's authorized committee in an
    47  amount that does not exceed  three  times  the  applicable  contribution
    48  limit  from  an individual contributor to candidates for the office that
    49  [he or she] such candidate is seeking;
    50    (g) meet the threshold for eligibility set forth in subdivision two of
    51  this section;
    52    (g-1) not owe any payments, repayments, or civil penalties pursuant to
    53  this title or any regulations promulgated  thereunder,  or  any  similar
    54  payments, repayments, or civil penalties under any local public campaign
    55  finance program within the previous ten years;
        S. 3668                             3

     1    (h)  continue  to  abide  by all requirements during the post-election
     2  period; and
     3    (i)  not have accepted contributions in amounts exceeding the contrib-
     4  ution limits set forth for candidates in paragraphs a and b of  subdivi-
     5  sion one of section 14-114 of this article during the election cycle for
     6  which the candidate seeks certification;
     7    (i)  Provided  however,  that,  if  a candidate accepted contributions
     8  exceeding such limits, such acceptance shall not prevent  the  candidate
     9  from  being certified by the PCFB if the candidate in a reasonable time,
    10  as determined by rule, pays to the fund or returns  to  the  contributor
    11  the  portion  of  any contribution that exceeded the applicable contrib-
    12  ution limit.
    13    (ii) If the candidate is unable to return such funds in  a  reasonable
    14  time,  as  determined  by  rule,  because  they have already been spent,
    15  acceptance of contributions exceeding the limits shall not  prevent  the
    16  candidate  from  being certified by the PCFB if the candidate submits an
    17  affidavit agreeing to pay to the fund all portions of any  contributions
    18  that  exceeded  the  limit  no later than thirty days before the general
    19  election. If a candidate provides the PCFB with such an  affidavit,  any
    20  disbursement  of  public  funds  to the candidate shall be reduced by no
    21  more than twenty-five percent until the total amount owed by the  candi-
    22  date is repaid.
    23    (iii) Nothing in this section shall be interpreted to require a candi-
    24  date  who  retains  funds  raised  during any previous election cycle to
    25  forfeit such funds. Funds raised during a previous election cycle may be
    26  retained and used by the candidate for the candidate's campaign  in  the
    27  next  election  cycle  but  funds  shall  not qualify for satisfying the
    28  threshold for participating  in  the  public  campaign  finance  program
    29  established  in this title nor shall they be eligible to be matched. The
    30  PCFB shall adopt regulations to ensure  that  contributions  that  would
    31  satisfy  the  applicable  contribution  limits  authorized in this title
    32  shall be transferred into the appropriate campaign account.
    33    (iv) Contributions received and expenditures made by the candidate  or
    34  an  authorized committee of the candidate prior to the effective date of
    35  this title shall not constitute a violation of  this  title.  Unexpended
    36  contributions  shall  be  treated  the  same as campaign surpluses under
    37  subparagraph (iii) of this paragraph.  Nothing  in  this  recommendation
    38  shall  be  construed to limit, in any way, any candidate or public offi-
    39  cial from expending any portion of pre-existing campaign funds  for  any
    40  lawful purpose other than those related to [his or her] such candidate's
    41  campaign.
    42    (v)  A  candidate  who  has raised matchable contributions but, in the
    43  case of a covered primary, general or special election, is  not  opposed
    44  by  another  candidate on the ballot who is not a write-in candidate, or
    45  who chooses not to accept matchable funds, may retain such contributions
    46  and apply them in  accord  with  this  title  to  the  candidate's  next
    47  campaign, should there be one, in the next election cycle.
    48    (vi)  The total amount of public matching funds available to a partic-
    49  ipating candidate  and  such  candidate's  authorized  committee  for  a
    50  covered  general  election pursuant to subdivision two of section 14-204
    51  of this title shall be reduced by any unexpended public  matching  funds
    52  received by such candidate and such candidate's authorized committee for
    53  a covered primary election.
    54    2.  Threshold  for  eligibility. (a) The threshold for eligibility for
    55  public funding for participating candidates shall be in the case of:
        S. 3668                             4

     1    (i) governor, not less than five hundred thousand dollars in  contrib-
     2  utions including at least five thousand matchable contributions shall be
     3  counted toward this qualifying threshold;
     4    (ii)  lieutenant  governor, attorney general and comptroller, not less
     5  than one hundred thousand dollars in contributions  including  at  least
     6  one thousand matchable contributions shall be counted toward this quali-
     7  fying threshold;
     8    (iii)  state senator, except as otherwise provided in paragraph (c) of
     9  this subdivision, not less than [twelve] twenty-four thousand dollars in
    10  contributions including at least [one]  three  hundred  fifty  matchable
    11  contributions shall be counted toward this qualifying threshold; and
    12    (iv) member of the assembly, except as otherwise provided in paragraph
    13  (c)  of  this  subdivision,  not less than [six] ten thousand dollars in
    14  contributions including at least [seventy-five] one  hundred  forty-five
    15  matchable  contributions shall be counted toward this qualifying thresh-
    16  old.
    17    (b) [However, solely for]  For  purposes  of  achieving  the  monetary
    18  thresholds  in paragraph (a) of this subdivision, [the first two hundred
    19  fifty dollars of] any portion of a contribution [of more than] when  the
    20  aggregate  of  contributions  are in excess of two hundred fifty dollars
    21  from any one contributor to a candidate or a candidate's committee which
    22  would otherwise be matchable except that it comes from a contributor who
    23  has contributed more than two hundred fifty dollars to such candidate or
    24  candidate's committee, [is deemed to be a  matchable  contribution  and]
    25  shall  not  count  toward  satisfying such monetary threshold [but shall
    26  not] or otherwise be considered a matchable contribution.
    27    (c) With respect to the minimum  dollar  threshold  for  participating
    28  candidates  for state senate and state assembly, in such districts where
    29  average median income ("AMI") is below the  AMI  as  determined  by  the
    30  United  States  Census Bureau three years before such election for which
    31  public funds are sought, such minimum dollar threshold  for  eligibility
    32  shall  be  reduced  [by  one-third]  to sixteen thousand dollars for the
    33  senate and six thousand dollars for the assembly.  The PCFB  shall  make
    34  public  which  districts are subject to such reduction no later than two
    35  years before the first primary election for which funding is sought.
    36    (d) Any participating candidate meeting the threshold for  eligibility
    37  in  a primary election for one of the foregoing offices shall be applied
    38  to satisfy the threshold for eligibility for such office  in  any  other
    39  subsequent  election  held  in the same calendar year. Any participating
    40  candidate who is nominated in a primary election and has participated in
    41  the public financing program set forth in this title, [must]  shall  not
    42  be  required  to  participate  in  the  public financing program for the
    43  general election for such office should they choose to run in the gener-
    44  al election.
    45    § 4. Subdivisions 1, 2 and 5 of section 14-204 of the election law, as
    46  added by section 4 of part ZZZ of chapter 58 of the laws  of  2020,  are
    47  amended to read as follows:
    48    1.  In  any primary election, receipt of public funds by participating
    49  candidates and by their participating committees shall not exceed:
    50    (a) for Governor                                             $3,500,000
    51    (b) for Lieutenant Governor, Attorney General or Comptroller $3,500,000
    52    (c) for State Senator                                        $375,000
    53    (d) for Member of the Assembly                               [$175,000]
    54                                                                 $145,000
    55    2. In any general or special election, receipt of public  funds  by  a
    56  participating candidate's authorized committees shall not exceed:
        S. 3668                             5

     1    (a) for Governor and Lieutenant Governor (combined)          $3,500,000
     2    (b) for Attorney General                                     $3,500,000
     3    (c) for Comptroller                                          $3,500,000
     4    (d) for State Senator                                        $375,000
     5    (e) for Member of the Assembly                               [$175,000]
     6                                                                 $145,000
     7    5.  A candidate only on the ballot in one or more primary elections in
     8  which the number of persons eligible to vote for party nominees in  each
     9  such  election  totals  fewer  than  [one  thousand] seven thousand five
    10  hundred shall not receive  public  funds  in  excess  of  five  thousand
    11  dollars   for  qualified  campaign  expenditures  in  such  election  or
    12  elections; provided, however, such candidate  may  receive  up  to  five
    13  thousand  dollars per each additional one thousand voters over the first
    14  seven thousand five hundred voters but shall not receive public funds in
    15  excess of fifteen thousand dollars total for qualified campaign expendi-
    16  tures in such election or elections. For the purposes of  this  section,
    17  the  number  of persons eligible to vote for party nominees in a primary
    18  election shall be as determined by the state board of elections for  the
    19  calendar  year  of  the  primary election. A candidate for office on the
    20  ballot in more than one primary for such office, shall  be  deemed,  for
    21  purposes of this recommendation, to be a single candidate.
    22    §  5.  Subdivisions  3 and 4 of section 14-205 of the election law, as
    23  added by section 4 of part ZZZ of chapter 58 of the laws  of  2020,  are
    24  amended to read as follows:
    25    3.  Timing  of  payment. (a) The PCFB shall make any payment of public
    26  matching funds to participating candidates as soon  as  is  practicable.
    27  But  in all cases, it shall verify eligibility for public matching funds
    28  within four days,  excluding  weekends  and  holidays,  of  receiving  a
    29  campaign  contribution report filed in compliance with section 14-104 of
    30  this article. Within two days of determining  that  a  candidate  for  a
    31  covered office is eligible for public matching funds, it shall authorize
    32  payment  of  the  applicable  matching funds owed to the candidate. [The
    33  PCFB shall schedule at least three payment  dates  in  the  thirty  days
    34  prior to a covered primary, general, or special election. If any of such
    35  payments  would require payment on a weekend or federal holiday, payment
    36  shall be made on the next business day.]
    37    (b) The PCFB shall schedule payment dates on (i) December fifteenth of
    38  the year preceding the  year  of  the  covered  election,  (ii)  January
    39  fifteenth,  February  fifteenth, March fifteenth, April fifteenth, and a
    40  minimum of three payment dates within the forty-five  days  prior  to  a
    41  covered  primary  election,  (iii)  July fifteenth and a minimum of four
    42  payment dates  within  the  ninety  days  prior  to  a  covered  general
    43  election,  and  (iv)  a minimum of three payment dates within the thirty
    44  days prior to any other covered election. If any of such payments  would
    45  require  payment  on a weekend or federal holiday, payment shall be made
    46  on the next business day. A certification pursuant to paragraph  (d)  of
    47  subdivision  one  of  section  14-203 of this title shall be required to
    48  have been filed with the PCFB no later than fifteen business days  prior
    49  to  the December fifteenth, January fifteenth, February fifteenth, March
    50  fifteenth, April fifteenth, or July fifteenth  payment  dates  scheduled
    51  pursuant  to  this  subdivision for a participating candidate to receive
    52  public funds on such payment date. For purposes of such  payment  dates,
    53  the PCFB shall provide each candidate with a written determination spec-
    54  ifying the basis for any non-payment.
    55    4.  Notwithstanding any provision of this section to the contrary, the
    56  amount of public funds payable  to  a  participating  candidate  on  the
        S. 3668                             6

     1  ballot in any covered election shall not exceed one-quarter of the maxi-
     2  mum  public  funds  payment  otherwise  applicable  and no participating
     3  candidate shall be eligible to receive a disbursement  of  public  funds
     4  prior  to two weeks after the last day to file designating petitions for
     5  a primary election unless the participating candidate is  opposed  by  a
     6  competitive  candidate. [The PCFB shall, by regulation, set forth objec-
     7  tive standards to determine whether a candidate is competitive  and  the
     8  procedures  for  qualifying  for the payment of public funds.] A partic-
     9  ipating candidate shall be considered opposed by a competitive candidate
    10  when at least one of the following conditions are met:
    11    (a) For a covered general election only if the margin of  victory  was
    12  twenty  points  or  less  in a contest involving an opposing major party
    13  candidate in an election for public office in an area  encompassing  all
    14  or  part  of the area that is the subject of the current election in the
    15  last eight years preceding the election of the covered office sought.
    16    (b) The opposing candidate has received the endorsement of  a  current
    17  or  former  statewide  elected  official, or a current or former federal
    18  elected official representing all or a portion of the  area  represented
    19  by  the  covered  office  sought,  or  a current or former United States
    20  senator, or in the case of a district that encompasses a portion of  New
    21  York city, a current or former citywide elected official.
    22    (c)  The  opposing  candidate  has received three or more endorsements
    23  from other current or former  state,  county,  city,  town,  or  village
    24  elected officials who represent all or a part of the area covered by the
    25  election.
    26    (d)  In  the past ten years, the opposing candidate's spouse, domestic
    27  partner, sibling, parent, or child holds or has held elective office  in
    28  an  area  encompassing  all  or  part of the district represented by the
    29  covered office sought.
    30    (e) The opposing candidate has been deemed eligible to receive  public
    31  funds payment for the covered election.
    32    (f) If the general election in that district was within a twenty-point
    33  margin within the last six years.
    34    (g)  If  an  individual  is  self-funding  and has given themselves or
    35  loaned themselves twenty-four thousand dollars for senate  elections  or
    36  ten thousand dollars for assembly elections.
    37    (h) The opposing candidate previously held elected office.
    38    §  6.  Section  14-206  of the election law is amended by adding a new
    39  subdivision 3 to read as follows:
    40    3. All political communications, including but not limited  to  broad-
    41  cast,   cable   or  satellite  schedules  and  scripts,  advertisements,
    42  pamphlets, circulars, flyers, brochures, letterheads and  other  printed
    43  matter purchased or produced, and statements or information published or
    44  conveyed to five hundred or more members of a general public audience by
    45  computer  or other electronic device, including but not limited to elec-
    46  tronic mail or text message, and paid  internet  or  digital  advertise-
    47  ments,  purchased  in connection with a covered election shall include a
    48  disclosure which says "New York State Public  Campaign  Finance  Program
    49  participant".
    50    §  7.  Section  14-207  of the election law is amended by adding a new
    51  subdivision 3-a to read as follows:
    52    3-a. The PCFB shall develop and administer in person and online train-
    53  ing for individuals to become certified  as  compliance  officers  under
    54  this  title.  Such training shall include information concerning compli-
    55  ance with the rules of the public campaign finance  program,  disclosure
    56  and  record  keeping requirements, obligations of the program, and other
        S. 3668                             7

     1  relevant information as determined by the PCFB. The PCFB  shall  promul-
     2  gate  regulations  for the certification of compliance officers pursuant
     3  to this subdivision and shall publish a  list  of  certified  compliance
     4  officers on its website which shall be updated every thirty days.
     5    §  8. Paragraph (c) of subdivision 1 of section 14-208 of the election
     6  law, as added by section 4 of part ZZZ of chapter  58  of  the  laws  of
     7  2020, is amended to read as follows:
     8    (c)  Except as provided in paragraph (b) of this subdivision, the PCFB
     9  shall select not more than one-third of all participating candidates  in
    10  covered  elections  for audit through a lottery which shall be completed
    11  within one year of the election in question. A separate lottery shall be
    12  conducted for each office. The PCFB shall  select  senate  and  assembly
    13  districts  to  be  audited,  auditing  every  candidate in each selected
    14  district, while ensuring that the number of  audited  candidates  within
    15  those  districts  does  not  exceed  fifty  percent of all participating
    16  candidates for the relevant office. The lottery for senate and  assembly
    17  elections  shall  be weighted to increase the likelihood that a district
    18  for the relevant office is audited based on how frequently  it  has  not
    19  been  selected  for  auditing during the past three election cycles. The
    20  PCFB shall promulgate rules  concerning  the  method  of  weighting  the
    21  senate  and assembly lotteries, including provisions for the first three
    22  election cycles for each office.  The names of  candidates selected  for
    23  an  audit  shall  not be disclosed unless there is a declared finding of
    24  wrongdoing by the PCFB.
    25    § 9. Paragraph (c) of subdivision 2 of section 14-208 of the  election
    26  law,  as  added  by  section  4 of part ZZZ of chapter 58 of the laws of
    27  2020, is amended and a new paragraph (d) is added to read as follows:
    28    (c) If [the total sum of contributions received  and  public  matching
    29  payments  from the fund received by a participating candidate and his or
    30  her authorized committee exceed the total campaign expenditures of  such
    31  candidate and authorized committee for all covered elections held in the
    32  same  calendar year or for a special election to fill a vacancy] unspent
    33  public matching funds remain in a participating  candidate's  authorized
    34  committee  bank  account at the end of an election cycle that exceed the
    35  participating candidate's total qualified  campaign  expenditures,  such
    36  candidate  and  committee shall [use such surplus funds to reimburse the
    37  fund for payments received by such authorized committee  from  the  fund
    38  during such calendar year or for such special election] pay the fund the
    39  amount  of  such  surplus.  Participating  candidates  shall  make  such
    40  payments not later than twenty-seven days after all liabilities for  the
    41  election  have  been  paid  and  in any event, not later than the day on
    42  which the PCFB issues its  final  audit  report  for  the  participating
    43  candidate's  authorized  committee;  provided, however, that all unspent
    44  public campaign funds for a participating candidate shall be immediately
    45  due and payable to the PCFB upon a determination by the  PCFB  that  the
    46  participant  has delayed the post-election audit. A participating candi-
    47  date may make post-election expenditures  with  public  funds  only  for
    48  routine  activities involving nominal [cost] costs associated with wind-
    49  ing up a campaign and responding to the post-election audit. Nothing  in
    50  this  title  shall  be  construed to prevent a candidate or [his or her]
    51  such candidate's authorized committee from using campaign  contributions
    52  received from private contributors for otherwise lawful expenditures.
    53    (d)  Candidates  shall have thirty days to cure any violations identi-
    54  fied by the PCFB in its post-election audit  before  there  may  be  any
    55  declared findings of wrongdoing.
        S. 3668                             8

     1    §  10.  Section  14-212  of the election law, as added by section 4 of
     2  part ZZZ of chapter 58 of the laws  of  2020,  is  amended  to  read  as
     3  follows:
     4    § 14-212. Severability.  [If any clause, sentence, or other portion of
     5  paragraph (c) of subdivision two of section  14-203  of  this  title  be
     6  adjudged  by  any  court  of  competent jurisdiction to be invalid, then
     7  subparagraphs (iii) and (iv) of paragraph  (a)  of  subdivision  two  of
     8  section 14-203 of this title shall read as follows:
     9    (iii)  state senator, except as otherwise provided in paragraph (c) of
    10  this subdivision, not  less  than  ten  thousand  dollars  in  matchable
    11  contributions  including  at  least  one  hundred  and  fifty  matchable
    12  contributions in an amount greater than five dollars and no greater than
    13  the limits in this chapter, of which the first two hundred fifty dollars
    14  shall be counted toward this qualifying threshold; and
    15    (iv) member of the assembly, except as otherwise provided in paragraph
    16  (c) of this subdivision, not less than five thousand dollars in  matcha-
    17  ble  contributions  including  at  least seventy-five matchable contrib-
    18  utions in an amount greater than five dollars and no  greater  than  the
    19  limits  in  this  chapter,  of which the first two hundred fifty dollars
    20  shall be counted toward  this  qualifying  threshold.]  If  any  clause,
    21  sentence,  paragraph, subdivision, section or part of this article shall
    22  be determined by any court of competent jurisdiction to be invalid, such
    23  judgment shall not affect, impair or invalidate the  remainder  thereof,
    24  but  shall  be  confined  in  its  operation  to  the particular clause,
    25  sentence, paragraph, subdivision, section or part thereof directly found
    26  invalid in the judgment rendered. It is hereby declared to be the intent
    27  of the legislature that this article would have  been  enacted  even  if
    28  such invalid provisions had not been included herein.
    29    §  11. Section 11 of part ZZZ of chapter 58 of the laws of 2020 amend-
    30  ing the election law relating to  public  financing  for  state  office;
    31  amending  the  state  finance  law relating to establishing the New York
    32  state campaign finance fund; and amending the tax law relating to estab-
    33  lishing the NYS campaign finance fund check-off, is REPEALED.
    34    § 12. This   act shall take  effect  immediately;  provided,  however,
    35  subparagraphs  (iii)  and  (iv)  of  paragraph  (a)  of subdivision 2 of
    36  section 14-203 of the election law, as amended by section three of  this
    37  act,  shall apply to all general elections which take place on and after
    38  such date and shall apply to all primary  and  special  elections  which
    39  take  place  on and after the first of December next succeeding the date
    40  on which it shall have become a law. Effective  immediately,  the  addi-
    41  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    42  the implementation of this act on its effective date are  authorized  to
    43  be  made and completed by the public campaign finance board on or before
    44  such effective date.