N.Y. Elec. Law § 14-209

* § 14-209. Audits and repayments. 1. Audits. The board shall audit\nand examine all matters relating to the proper administration of this\ntitle and shall complete such audit no later than six months after the\nelection in question. Every candidate who receives matching funds under\nthis title shall be audited by the board. The cost of complying with a\npost-election audit shall be borne by the candidate's authorized\ncommittee using matching funds, private funds or any combination of such\nfunds. Candidates who run in both a primary and general election must\nmaintain a reserve of three percent of the matching funds received to\ncomply with the post-election audit. The board shall issue to each\ncampaign audited a final audit report that details its findings.\n 2. Repayments. (a) If the board determines that any portion of the\npayment made to a candidate's authorized committee from the fund was in\nexcess of the aggregate amount of payments that such candidate was\neligible to receive pursuant to this title, it shall notify such\ncommittee and such committee shall pay to the board an amount equal to\nthe amount of excess payments. Provided, however, that if the erroneous\npayment was the result of an error by the board, then the erroneous\npayment will be deducted from any future payment, if any, and if no\npayment is to be made then neither the candidate nor the committee shall\nbe liable to repay the excess amount to the board. The candidate, the\ntreasurer and the candidate's authorized committee are jointly and\nseverably liable for any repayments to the board.\n (b) If the board determines that any portion of the payment made to a\ncandidate's authorized committee from the fund was used for purposes\nother than qualified campaign expenditures, it shall notify such\ncommittee of the amount so disqualified and such committee shall pay to\nthe board an amount equal to such disqualified amount. The candidate,\nthe treasurer and the candidate's authorized committee are jointly and\nseverably liable for any repayments to the board.\n (c) If the total of payments from the fund received by a participating\ncandidate and his or her authorized committee exceed the total campaign\nexpenditures of such candidate and authorized committee for the two\nthousand fourteen comptroller election, such candidate and committee\nshall use such excess funds to reimburse the fund for payments received\nby such authorized committee from the fund during such calendar.\nParticipating candidates shall pay to the board unspent public campaign\nfunds from an election not later than twenty-seven days after all\nliabilities for the election have been paid and in any event, not later\nthan the day on which the board issues its final audit report for the\nparticipating candidate's authorized committee; provided, however, that\nall unspent public campaign funds for a participating candidate shall be\nimmediately due and payable to the board upon a determination by the\nboard that the participant has knowingly delayed the post-election\naudit. A participating candidate may make post-election expenditures\nwith public funds only for routine activities involving nominal cost\nassociated with winding up a campaign and responding to the\npost-election audit except for liabilities incurred before the election.\nNothing in this title shall be construed to prevent a candidate or his\nor her authorized committee from using campaign contributions received\nfrom private contributors for otherwise lawful expenditures.\n 3. The board shall promulgate regulations for the certification of the\namount of funds payable by the comptroller, from the fund established\npursuant to section ninety-two-t of the state finance law, to a\nparticipating candidate that has qualified to receive such payment.\nThese regulations shall include the promulgation and distribution of\nforms on which contributions and expenditures are to be reported, the\nperiods during which such reports must be filed and the verification\nrequired. The board shall institute procedures which will make possible\npayment by the fund within four business days after receipt of the\nrequired forms and verifications.\n * NB Repealed December 31, 2014\n