SBE-33-14-00003-E Public Financing of the NYS Comptrollers Race
8/20/14 N.Y. St. Reg. SBE-33-14-00003-E
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 33
August 20, 2014
RULE MAKING ACTIVITIES
STATE BOARD OF ELECTIONS
EMERGENCY RULE MAKING
I.D No. SBE-33-14-00003-E
Filing No. 697
Filing Date. Aug. 04, 2014
Effective Date. Aug. 04, 2014
Public Financing of the NYS Comptrollers Race
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of section 6200.11 to Title 9 NYCRR.
Statutory authority:
L. 2014, ch. 55
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
The Commissioners determined that it is necessary for the preservation of the general welfare that this amendment be adopted on an emergency basis as authorized by section 202(6) of the State Administrative Procedure Act, effective immediately upon filing with the Department of State. This amendment is adopted as an emergency measure because time is of the essence and to adopt the regulation in the normal course of business would be contrary to the public interest as a necessary change in the agency’s regulations would not be effective for the upcoming Primary and General Elections.
The General Government Budget Bill (Chapter 55 of the laws of 2014) created this Public Financing Pilot Program and required its development and viability for the upcoming Primary and General Election for the Office of NYS Comptroller.
Subject:
Public Financing of the NYS Comptrollers race.
Purpose:
Set forth the procedures a candidate would have to follow to apply for and receive public funds in his/her race for NYS Comptroller.
Substance of emergency rule:
Chapter 55 of the Laws of 2014 created the Public Financing Pilot Program. The purpose of this regulation is to set forth the requirements for candidates to qualify for and participate in a pilot program for matching financing for the election to the Office of the State Comptroller under Title 2 of Article 14 of the Election Law.
This notice is intended
to serve only as an emergency adoption, to be valid for 90 days or less. This rule expires November 1, 2014.
Text of rule and any required statements and analyses may be obtained from:
Kimberly A. Galvin, New York State Board of Elections, 40 N. Pearl Street, Suite 5, Albany, New York 12207, (518) 474-8061, email: Kimberly.Galvin@Elections.ny.gov
Summary of Regulatory Impact Statement
1. Statutory Authority:
Election Law Section 3-102(1) provides for the State Board to promulgate rules and regulations relating to the administration of the election process.
2. Legislative Objectives:
The General Government Budget Bill for 2014 (Chapter 55 of the Laws of 2014), enacted the General Government portion of the Budget. Within that bill there was created a Public Financing Pilot Program for the 2014 New York State Comptrollers race. This program sunsets at the end of 2014.
3. Needs and Benefits:
The Commissioners further determined that it is necessary for the preservation of the general welfare that this amendment be adopted on an emergency basis as authorized by section 202(6) of the State Administrative Procedure Act, effective immediately upon filing with the Department of State. This amendment is adopted as an emergency measure because time is of the essence. The Agency is required to create and implement a public financing program to be available for this year’s elections. The five major political parties have already nominated the candidates for Comptroller. A candidate for this office could opt in to the program at any time. Because this potentially involves the release of public funds to a political candidate a great deal of preparation and inter agency cooperation is required to ensure the program’s success.
4. Costs:
There will be minimal costs to the State Board of Elections to establish uniform policies, procedures and forms, the development and implementation of training for participants that opt in to the program, designated staff members, and to provide ongoing compliance supervision until the end of 2014 when this program expires.
5. Local Government Mandates:
The new emergency regulation does not contain any mandates that would affect local governments.
6. Paperwork:
The emergency regulation will not alter the paperwork burden upon the counties.
7. Duplication:
This regulatory change does not duplicate or overlap with any other federal or state regulations.
8. Alternatives:
No real alternatives were considered as the legislation was quite specific with regard to how the program needed to be set up and the timeframes that needed to be set.
9. Federal Standards:
There are no mandatory federal standards that this would be in conflict with.
10. Compliance Schedules:
Compliance can be achieved in advance of the upcoming 2014 Primary and General Elections as is required by the enacting legislation.
Regulatory Flexibility Analysis
1. Effect of Rule:
This effects only those committees or individuals that are participating in the Public Financing Pilot Project for the Office of NYS Comptroller. This program sunsets by law in December of 2014.This does not have any effect on small businesses.
2. Compliance Requirements:
The very small number of candidates that affirmatively opt in to this pilot program would be required to comply with the provisions of both the law and the regulations set forth herein. These regulations do not have any impact on small businesses.
3. Professional Services:
Not applicable.
4. Compliance Costs:
There will no cost to the State Board of Elections to implement and administer this program other than routine staff and technology costs. There are no costs to the user of the system or those required to comply with this regulation or to any other person/entity.
5. Economic and Technological Feasibility:
It is anticipated that no new or advanced technology is required for compliance with this regulation. As such, the regulation will not be cost prohibitive.
6. Minimizing Adverse Impact:
The Commissioners further determined that it is necessary for the preservation of the general welfare that this amendment be adopted on an emergency basis as authorized by section 202(6) of the State Administrative Procedure Act, effective immediately upon filing with the Department of State. This amendment is adopted as an emergency measure because time is of the essence. The enacting legislation was only passed and became effective in April of 2014. The agency was under a very tight time constraint that requires that the Pilot Program be up and running for those candidates choosing to participate in the program for this upcoming Primary and General Election. Candidates have already been nominated by the major political parties for this office and a candidate could be certified as a participant at any time.
7. Small Business and Local Government Participation:
Neither this Pilot Program or the resultant regulations would be applicable to any small business or local government. The only pool of potential participants would be a very discreet number of political candidates running for the office of NYS Comptroller.
Rural Area Flexibility Analysis
1. Types and estimated numbers of rural areas:
There are 44 counties which meet the definition of ‘rural areas’ as defined in the Executive Law § 481(7). This regulation has NO effect on any of them.
2. Reporting, recordkeeping and other compliance requirements; and professional services:
There will be no required record keeping or other required compliance by any rural area.
3. Costs:
There will be minimal costs to the State Board of Elections to establish uniform policies, procedures and forms, the development and implementation of training. There will not be any cost to any other person or entity for compliance.
4. Minimizing adverse impact:
There is no adverse impact to minimize. The program is entirely voluntarily and only applies to those political candidates running for the office of NYS Comptroller that voluntarily opt in to the program. The program sunsets at the end of 2014.
5. Rural area participation:
Not applicable. Although many supporters of public financing believe that a program such as this will increase participation in the political process and give the individual a greater voice in the process. Presumably, many of these individuals will be from rural areas.
Job Impact Statement
It is evident from the nature and purpose of the rule that this regulation amendment neither creates nor eliminates employment positions and/or opportunities, and therefore, has no adverse impact on employment opportunities in New York State.
Assessment of Public Comment
The agency received no public comment since publication of the last assessment of public comment.
