Current through Register Vol. 46, No. 39, September 25, 2024
(a) Initiation
of proceeding.
(1) A proceeding under the
fair campaign code (hereinafter " code") shall be commenced by the New York
State Board of Elections when:
(i) the board
receives a written signed complaint alleging the commission or omission of
acts, in violation of the code; the county boards of elections are advised to
forward any complaints they may receive to the State Board of Elections;
or
(ii) the State Board staff
proposes to the board an investigation of an alleged violation of the
code.
(2) A complaint
shall be filed by mailing to, or by personally serving, the State Board of
Elections at 40 North Pearl Street, Suite 5, Albany, NY 12207-2729. A duplicate
copy of the complaint shall be mailed to or personally served upon the
candidate or the candidate's representative (hereinafter "respondent"). Proof
of service of the complaint upon the respondent must be filed with the state
board of elections not later than three days after service of the complaint
upon the respondent. This requirement is waived when the respondent is
unknown.
(b) Form of
complaint.
(1) A complaint shall be based on
personal knowledge and belief and be specific as to times, places and names of
witnesses to the acts charged as violations of the code. If a complaint is
based upon information and belief, the complainant shall state the source of
the information and belief. Copies of all documentary evidence available to the
complainant shall be attached to the complaint. Evidence deemed by the
complainant to be of a confidential nature need not be sent to the respondent,
so long as an explanation is made to the board. The complainant shall designate
an e-mail address to which all future service upon the complain ant shall be
made.
(2) A respondent shall file a
signed answer, after service upon the respondent of the complaint. Such an
answer shall be based on personal knowledge and belief and be specific as to
times, places and names of witnesses to acts relevant to the complaint. Copies
of all documentary evidence available to the respondent shall be annexed to the
answer. If an answer is based on information and belief, the respondent shall
state the source or sources of the information and belief. An answer shall be
filed by mail, e-mail or by personally serving the State Board of Elections at
40 North Pearl Street, Suite 5, Albany, NY 12207 -2729 and the complainant. An
answer to the complaint must be filed by the respondent within 7 days after
receipt of the complaint, except if such complaint relates to the release of a
poll that occurred with in thirty days before an election, an answer must be
filed within 3 days after receipt of the complaint. Proof of service of the
answer upon the complainant must be filed not later than three days after
service of the answer upon the complainant. The Answer shall designate an
e-mail address to which all future service upon the complainant shall be
made.
(c) Hearing.
If after receipt and preliminary review of a complaint and
answer alleging a violation of the code, or following commencement of an
investigation initiated by the board, where the board determines a hearing
shall be held, the board shall send notice, by mail and e-mail whenever
possible, to the complainant and to any person, organization or committee whose
conduct is complained of. Such notice shall specify when and where a hearing is
held. Such hearing shall be conducted by a hearing officer of the State Board
of Elections. A report with the hearing officer's recommendation shall be
delivered to the office of counsel, and counsel shall provide such report to
the Board, which shall render a final decision. All steps in this process shall
be completed as soon as possible. The Board shall be presented with such
findings within forty-eight hours of the hearing officer delivering such report
to the co-counsels of the Board.
(d) Scope of poll disclosure disputes.
When there is an allegation that relevant poll questions and
results required by section
6201.2
were not disclosed as required, the hearing officer, to resolve such matter,
may require the respondent to produce for confidential review by the hearing
officer additional poll questions and results. The hearing officer shall
recommend in the report to the commissioners whether any additional questions
and results must be released to comply with the disclosure requirements of
6201.2. After receiving the hearing officer report, the commissioners may, upon
a majority vote, require the public disclosure of additional questions and
results. Unless the commissioners vote to release such additional poll
questions and results, such information shall be kept confidential. Poll
results subject to disclosure pursuant to this subdivision shall be publicly
available no later than twenty-four hours after such
determination.
(e) Hearing
officer assignment.
A hearing officer shall be assigned to a complaint made
under this Part by the co-executive directors or their designees through a
random selection process. All hearing officers appointed by the state board of
elections pursuant to 6218.2 (b) shall comprise those eligible for
assignment.
