IN RE: the Application of Bruce A. BLAKEMAN and Todd Hood (2026)

Petitioners Bruce A. Blakeman (candidate for Governor) and Todd Hood (candidate for Lieutenant Governor) commenced this hybrid CPLR Article 78 proceeding and declaratory judgment action challenging the March 31, 2026 determination by respondent New York State Public Campaign Finance Board (PCFB) which deemed Blakeman ineligible to receive matching funds under the Public Campaign Finance Program (Program) for the 2026 primary and/or general election. Respondent-Commissioners Peter S. Kosinski and Anthony J. Casale (“supporting respondent Commissioners”) filed an answer and memorandum of law, together with exhibits, in support of the petition.

The PCFB and respondent Commissioners Henry T. Berger and Essma Bagnuola (“opposing respondent Commissioners”) move pre-answer for dismissal of the petition pursuant to CPLR §§ 7804(f), 3211(a)(1) and (7). At oral argument on May 1, 2026, the PCFB and opposing respondents agreed that, notwithstanding the absence of an answer, the matter was fully briefed and ripe for a determination on the merits.¹

Petitioners failed to comply with the joint submission certification requirements to be eligible for matching campaign funds. However, the PCFB's failure to comply with its own regulation, including its failure to give notice and opportunity to cure, render its determination of ineligibility arbitrary and capricious and affected by error of law. Opposing respondents’ motion to dismiss is denied and the petition is granted.

Background

In 2020, the legislature enacted a reformed Public Campaign Finance Program and created the PCFB to administer the Program (see L 2020, ch 48, pt ZZZ, eff. November 9, 2022; see Election Law article 14).² The legislation established a voluntary public financing system aimed at reducing the influence of special interests, increasing government accountability, encouraging broader candidate participation, and enhancing public engagement in elections (see Election Law § 14-200). Through the Program, candidates running for statewide office or state legislative office have the ability to qualify for public matching funds based on small donations to their campaign.

In May 2025, the legislature amended the Election Law and several provisions of the campaign finance program (L 2025, ch 55, eff. May 9, 2025). Part QQ of chapter 55 amendments require that a party designation for the offices of governor and lieutenant governor shall be made jointly, and that the joint designations appear on ballots for primary elections as well as the general election (see Election Law § 6-104(1), § 7-114 [1][d]). Part OO of chapter 55 made corresponding changes to the Public Campaign Finance Program. Among other things, the 2025 legislation provided for the aggregation of contributions and eligibility thresholds for the joint candidates for governor and lieutenant governor, effective on August 7, 2025. (see Election Law § 14-200-a and § 14-204[1]). This year — 2026 — is the first election cycle that the Program is being implemented for joint candidacies for governor and lieutenant governor.

Article 14 of the Election Law grants the PCFB the authority to promulgate rules and regulations necessary to administer the Program, provide forms it deems necessary, and provide compliance counseling and guidance to candidates seeking to participate in the Program (see Election Law § 14-207[3] and [4]). To be eligible to participate in the Program candidates must “submit a certification in the form of an affidavit, in such form as may be prescribed by the PCFB, that sets forth their acceptance of and agreement to comply with the terms and conditions for the provision of such funds ․” (Election Law § 14-203[d]). Under the Program regulations, candidates must register their campaign committee with the PCFB by submitting the prescribed registration form known as PCF-21 Type 1P Committee Registration Form (PCF-21). This is a standard form promulgated by the PCFB (see NYSCEF Doc. No. 24 at ¶9; NYSCEF Doc. No. 25).³

Participating candidates must also submit an application/certification known as PCF-22 Type 1P Application/Certification Form (PCF-22) to become a certified participant in the Program (id. at ¶ 10). PCF-22 is also a standard form promulgated by the PCFB, in which the applicant certifies that he or she and their political committee will comply with the requirements of article 14 of the Election Law and PCFB rules. PCF-22 application/certifications must be submitted by a statutory deadline of four months prior to the primary election, which this year was February 23, 2026 (see Election Law § 14-203[1][d]).

By resolution on August 6, 2025, the PCFB approved emergency regulation implementing statutory changes addressing the aggregated threshold requirements for joint governor and lieutenant governor candidacies (see NYSCEF Doc. No. 24 at ¶17). And by resolution on December 9, 2025, the PCFB approved emergency regulation providing special rules for joint governor and lieutenant governor candidacies, including registration, application, and certification requirements (id. at ¶18; NYSCEF Doc. No. 5). In accordance with the State Administrative Procedure Act (SAPA), PCFB staff filed the latter emergency regulation with the Secretary of the State on January 7, 2026; and the regulations were published in the New York State Register on January 28, 2026.

The latter regulation, promulgated at 9 NYCRR § 6221.26, state in relevant part:

(b) Candidates running jointly for Governor and Lieutenant Governor shall be considered to be a single candidate for the same elective office in an election cycle when they meet the provisions provided for in subdivision (c) of this section.

***

(e) Application and Certification.

(1) Candidates for Governor and Lieutenant Governor may jointly or separately register for the Program using a form prescribed by the PCFB.

(2) To be eligible to receive funds pursuant to Title 2 of Article 14 of the Election Law, both candidates running jointly for Governor and Lieutenant Governor shall jointly submit an application/ certification prescribed by the PCFB. Such application /certification shall be jointly filed by the deadline required by paragraph (d) of subdivision 1 of section 14-203 of the Election Law. Such joint certification shall identify the candidates’ authorized committee that is supporting the combined candidates for Governor and Lieutenant Governor.

On December 16, 2025, after the PCFB passed the resolution but before it filed the emergency regulation with the Secretary of State, Blakeman submitted his PCF-21 which registered his committee, and, at the same time filed his application/certification form PCF-22. The next day, December 17, 2025, Blakeman received a letter from PCFB confirming his registration in the Program (NYSCEF Doc. No. 32):

“Thank you for registering a NYS Public Campaign Finance Program Committee. This is the first step in becoming a participating candidate in the program. The NYS Public Matching Funds Program is administered by the New York State Public Campaign Finance Board (PCFB). To become a participating candidate in the NYS Public Campaign Finance Program, you must submit an application form with accompanying certifications to the NYS Public Campaign Finance Board. The Application and Certifications should be submitted as soon as practicable, but no later than four months before the primary election in the election year in which you are running.

Becoming a participating candidate does not automatically qualify a candidate to receive public matching funds. A participating candidate must also meet necessary eligibility thresholds and abide by all relevant laws (including rules and regulations) in relation to campaign finance. The eligibility requirements for a participating candidate to qualify for matching funds are outlined in Title II of Article 14 of the Election Law․”

That same day PCFB also sent Blakeman an email certifying receipt of his application/certification form (NYSCEF Doc. No. 8):

“Congratulations! Your application/certification form for admission into the New York State Public Campaign Finance Program has been received and certified by the New York State Public Campaign Finance Board”.

The email further advised Blakeman that, “[a]s a participating candidate in the New York State Public Campaign Finance Program you will need to familiarize yourself with the requirements of the Program. Eligibility to receive public funds is dependent on participating candidate's continued adherence to the rules and regulations of the program and require candidates/committees to meet specific contribution thresholds” (id.).

On February 11, 2026, Blakeman filed ballot access forms with the New York State Board of Elections (BOE) pursuant to Election Law § 6-104, confirming his Republican Party designation as its candidate for the office of Governor and petitioner Hood's designation as the party's candidate for Lieutenant Governor. On February 17, 2026, Blakeman filed similar documents confirming that he and Hood were the designated candidates for the Conservative Party. On February 12, 2026, Blakeman filed amended PCF-21 and PCF-22 forms to reflect a change of treasurer. It is not disputed that Hood did not file either a PCF-21 or a PCF-22, or any other form with the PCFB before the February 23, 2026 deadline.

After the February 23, 2026 deadline passed, PCFB staff reviewed the PCF-22s for all candidacies to determine whether they were timely filed, and forwarded the matter to commissioners.⁴ On March 31, 2026, the PCFB, by a 4-3 vote, passed Resolution 2026-07, which identified six gubernatorial candidates, including Blakeman, who had failed to comply with 9 NYCRR § 6221.26(e)(2), which requires “both candidates running jointly for Governor and Lieutenant Governor shall jointly submit an application/certification prescribed by the PCFB” by the deadline.⁵ The PCFB then notified Blakeman that he had been deemed ineligible to receive public matching funds for the 2026 primary or general election.

The Present Proceeding

Petitioners now challenge the PCFB's determination that the Blakeman-Hood campaign is ineligible to receive matching campaign funding under the Program. They argue that PCFB's actions, retroactively “decertifying” Blakeman, were arbitrary and capricious, exceeded its statutory authority, and violated Election Law and the Constitution. They assert that: (1) no statute authorizes retroactive “decertification”; (2) any alleged filing defects were de minimis; (3) the PCFB failed to promulgate necessary forms or provide required guidance for joint-ticket candidacies; and (4) the PCFB failed to give petitioners notice or opportunity to cure deficiencies or be heard. The supporting respondent Commissioners submit the petitioners reasonably relied on their certification and communications with the PCFB, arguing that any deficiencies should be construed liberally rather than used to impose the severe penalty of disqualification.

The PCFB and opposing respondent Commissioners maintain that the Program has always required each candidate to submit a timely certification agreeing to comply with its rules, and that the 2025 amendments, linking gubernatorial and lieutenant gubernatorial candidates as a joint-ticket, did not eliminate this filing requirement for each candidate. Because lieutenant governor candidate Hood never filed the required certification, opposing respondents maintain the entire ticket is ineligible for matching funds as a matter of law.

Opposing respondents further assert that the PCFB provided ample notice of these requirements through regulations, public postings, training, and reminders. They argue that strict compliance with election law deadlines is mandatory, and that the courts lack authority to create exceptions. Finally, opposing respondents argue that petitioners’ additional claims—based on due process, breach of contract, estoppel, and constitutional rights—are meritless because petitioners had no entitlement to program funds without compliance, no contractual relationship existed, estoppel cannot apply against a governmental agency, and the regulations do not infringe speech or associational rights.

Analysis

Judicial review under CPLR Article 78 is limited to whether the challenged determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion (see CPLR § 7803[3]; see Smith v Town of Thompson Planning Bd., ––– NY3d ––––, 2026 NY Slip Op 02435, *1-2 [2026]). Here, the issue whether it was arbitrary or capricious or contrary to law for the PCFB to conclude that lieutenant governor candidate Hood's failure to file a PCF-22, or any other application/certification with the PCFB, rendered Blakeman's campaign ineligible as a matter of law, or whether, instead, PCFB was required to consider Blakeman's filings incomplete and to give the joint candidacy an opportunity to cure.

The Court readily disposes of petitioners’ arguments that the PCFB lacks statutory authority to retroactively “decertify” him from the Program, and that any non-compliance was de minus. Neither argument has merit.

As to the first, language matters. While petitioners characterize the PCFB's March 31, 2026 action as a vote “decertifying the [p]etitioners from the Program” (NYSCEF Doc. No. 1 at ¶ 65), the PCFB's March 31, 2026 resolution does not revoke Blakeman's status as a certified participant in the Program. Rather, the resolution determined that petitioners were “ineligible” to receive matching funds because they failed to jointly submit the required application/certification by the statutory deadline, a requirement necessary to qualify for matching funds under Election Law § 14-203(1) (see NYSCEF Doc. No. 4). The initial certification into the Program was always contingent on the candidate's continuing obligation to comply with the statutory and regulatory eligibility requirements. The initial registration notification stated, “Becoming a participating candidate does not automatically qualify a candidate to receive public matching funds. A participating candidate must also meet necessary eligibility thresholds and abide by all relevant laws (including rules and regulations) in relation to campaign finance” (NYSCEF Doc. No. 32). And the PCFB's certification notice stated, “[a]s a participating candidate in the New York State Public Campaign Finance Program you will need to familiarize yourself with the requirements of the Program. Eligibility to receive public funds is dependent on participating candidate's continued adherence to the rules and regulations of the program and require candidates/committees to meet specific contribution thresholds” (NYSCEF Doc. No. 8). Thus, there was no revocation of certification, only a determination of ineligibility for failure to comply with all statutory and regulatory preconditions for receipt of matching public campaign funds.

As to the second, certification matters. The failure of a lieutenant governor to submit a certification of some kind is not de minimus. The candidate for lieutenant governor is not a mere “appendage” to the gubernatorial candidate. The lieutenant governor candidate must also submit an application identifying himself as a member of a joint-ticket candidacy and certify that he himself will be responsible for his and the committee's compliance with all statutory requirements and regulations for participation in the Program. In the candidate certification form PCF-22, he must certify that he “is responsible for reading, understanding, and complying with all laws, rules, and regulations related to the Public Campaign Finance Program,” that he, his committee and agents will comply with all such regulations, that he will ensure he and his committee will provide all necessary documentation and cooperate with an audit or investigation. This is far from a de minimus obligation.

The regulation filed with the Secretary of State and published in the State Register on January 28, 2026, put both Blakeman and Hood on notice that they need to do more to comply with the filing requirements for receiving public campaign funding under the Program. Yet, to this day, neither Blakeman nor Hood have filed any document with the PCFB certifying either by initializing or signing any form provided by the PCFB or otherwise by affirmation, promising Hood will abide by the Program's laws and rules.

The Court now turns to petitioners’ argument that the PCFB's alleged non-compliance with its own regulations renders its ineligibility determination arbitrary and capricious or affected by error of law. This argument has more purchase.

Prior to the 2025 joint-ticket amendments, the PCFB had already promulgated 9 NYCRR § 6221.7, setting forth application and certification requirements for all candidates applying for participation in the Program: “To be eligible to receive funds․ a candidate must submit an application prescribed by the PCFB” (9 NYCRR § 6221.7[a]). The application must contain prescribed identifying information, “and shall include a certification, which shall set forth a candidate's acceptance of, and agreement to, comply with the terms and conditions” for the provision of public campaign funds (id. at § 6221.7[c] and [d]). It must contain “any signatures and notarizations as may be required by the PCFB” (id. at § 6221.7[c]). Also under the prior regulations, the PCFB ”shall provide confirmation to the candidate upon submission of a completed application and certifications” (id. at § 6221.7[e][2]).

In its 2026 joint-ticket regulation (9 NYCRR § 6221.26) the PCFB established special rules for candidates for governor and lieutenant governor. Specifically, “candidates running jointly for governor and lieutenant governor shall be considered to be a single candidate for the same elective office in an election cycle” where, as here, they have publicly announced their joint candidacy and have filed a certificate of party designation with the Board of Elections pursuant to Election Law § 6-104 (9 NYCRR § 6221.26[b] and [c]). Such candidates for governor and lieutenant governor “may jointly or separately register for the program using a form prescribed by the PCFB” (9 NYCRR § 6221.26[e][1]). But, to be eligible to receive public funds, “both candidates running jointly for governor and lieutenant governor shall jointly submit an application/certification prescribed by the PCFB” by the applicable deadline (9 NYCRR § 6221.26[e][2] [emphasis added]).

Counsel for the PCFB and opposing respondent Commissioners candidly admitted at oral argument that the PCFB never prescribed a specific joint form or otherwise explained how joint ticket candidates were supposed to “jointly submit an application/certification” (Oral Arg. Tr at 42, lines 21-25 and at 43, lines 1-2). Nor do respondents dispute that the Program's handbook, which was revised on January 13, 2026, with the purpose of addressing the 2025 legislative changes to the Program, lacks instruction or language about how the candidates could satisfy the requirement to jointly submit the required application/certification (see Election Law § 14-203[d] [requiring candidates to submit certification “in such form as may be prescribed by the PCFB”]; NYSCEF Doc. No. 60, pg. 11; NYSCEF Doc. No. 46, ¶¶ 21, 29). And respondents also do not dispute Blakeman's assertion that when he participated in the PCFB's mandatory training for joint-ticket candidates on January 8, 2026, PCFB staff did not advise the participants on how to jointly submit their joint-ticket application/certifications (see NYSCEF Doc. No. 46 at ¶20). Election Law § 14-207(3) charges the PCFB with “mak[ing] available educational materials, including compliance manuals,” and “provid[ing] counseling and guidance to candidates seeking to participate in public financing.” In failing to prescribe application/certification forms for joint-ticket candidacies, or to otherwise provide guidance to candidates, the PCFB fell short of fulfilling its obligations.

Indeed, just two weeks before the deadline for applications and certifications, the PCFB staff themselves were uncertain how candidates for governor and lieutenant governor should comply with the joint submission requirements. The response to a February 6, 2026 internal email exchange among PCFB staff about how to handle the processing of a lieutenant governor candidate's submission was as follows (NYSCEF Doc. No. 37):

“Based upon the new regulations regarding Gov/LT. Gov (6221.26. Special Rules for Candidates for Governor and Lieutenant Governor) and the fact that the PCF 21 & 22 don't currently have spots for both candidates, we will need to review forms from Lt. Gov and Gov candidates on a case-by-case basis. There are several scenarios.

1. If we receive separate sets of forms for each candidate and we were aware that they were a ticket based upon the nominating conventions of the Parties, we would merge the 2 administratively.

2. For petitioning candidates, both candidates would need to be on the petition which would then confirm that they are a ticket and we would merge the 2 administratively. As such the reg docs would be processed accordingly.

3. If we get a single set of forms with both candidates on them, either with additional attached pages or where both have signed and initialed the docs, where applicable.”

At oral argument, PCFB's counsel did not dispute that the affected candidates were not advised of these methods which would have been acceptable (see Oral Arg. Tr. At 72, lines 15-25 and at 73, lines 1-2).

The PCFB, most importantly, failed to comply with its own “cure” regulation. The regulation governing applications and certifications applicable to all candidacies provides: “If it is determined that an application is incomplete, the PCFB shall provide the candidate and committee an opportunity to cure any defects” (9 NYCRR § 6221.7[e][3][emphasis added]). “If the certification is initialed, signed, and notarized, the deadline for such correction is one week after the deadline of four months prior to the primary election” (id.). The special joint ticket regulation provides the general regulation, if “not inconsistent with this section, shall apply to participating candidates for governor and lieutenant governor” (9 NYCRR § 6221.26[a]).

The distinction between an individual candidacy and a gubernatorial joint-ticket is central to the Court's analysis and forms the basis for its determination. Blakeman's December 9, 2025 submissions, which were properly initialed, signed and notarized, were complete when he filed them. While Blakeman's application/certification had initially been deemed complete and he was notified that he had been certified into the Program, that was not the end of the matter. The implementing joint-ticket regulation at 9 NYCRR § 6221.6 did not become effective until, at the earliest January 7, 2026, when they were filed with the Secretary of State. Once the new joint-ticket regulation became effective, and once petitioners filed their Certification of Nomination with respondent Board of Elections designating them as the Republican Party candidates on February 11, 2026, Blakeman's PCF-21 and PCF-22 submissions on December 9, 2025, were no longer complete. Likewise, Blakeman's amended PCF-21 and PCF-22 submissions for a change of treasurer, which he initialed, signed, and notarized, and submitted on February 12, 2026, were also incomplete.

Yet the PCFB never advised Blakeman, as was required under 9 NYCRR § 6221.7(e), that his joint-ticket application/certification was incomplete. Consistent with the intent of the 2025 joint-ticket legislation, and with the PCFB's regulation that candidates running jointly for governor and lieutenant governor “shall be considered to be a single candidate for the same elective office” (9 NYCRR § 6221.26[b]), the PCFB was required to treat Blakeman's submissions as incomplete and give him an opportunity for cure.

Opposing respondents’ argument that it could not treat petitioners’ submissions as incomplete because Hood completely failed to file any certification at all is misplaced. For purposes of the Election Law, Blakeman's and Hood's joint-ticket candidacy is considered a “single candidate” (see NYCRR § 6221.6[b]). From that vantage point, the “single candidate's” submissions were incomplete, and petitioners should have been given notice and one week to cure.

The decisive issue before the Court is not whether the statutory deadline for petitioner Hood to have filed a certification to complete petitioners’ application for public campaign financing may be disregarded. Rather, it is whether the PCFB acted rationally and in accordance with lawful procedure when it did not advise petitioners of their incomplete application/certification and give them the opportunity to correct it, prior to the statutory deadline. The Court acknowledges that the nascency of the joint-ticket Program and the compressed timeline for its implementation may have affected compliance by petitioners and the PCFB. But, Blakeman registered his campaign and certified compliance with the Program, attended mandatory training, publicly identified their joint-ticket, and submitted certified amended filings 11 days before the filing deadline. Yet he received no notice that the PCFB considered the submissions deficient until after the filing deadline had lapsed. The Court concludes that the PCFB's March 31, 2026 determination that petitioners’ candidacy is ineligible for funding under the Program was arbitrary and capricious and affected by error of law (see CPLR § 7803[3]).

Accordingly, it is hereby

ORDERED and ADJUDGED that the New York State Public Campaign Finance Board and opposing respondent Commissioners’ motion to dismiss is denied; and it is further

ORDERED and ADJUDGED that the petition is granted and the determination of the New York State Public Campaign Finance Board dated March 31, 2026, that petitioners are ineligible to participate in the Program is hereby vacated; and it is further

ORDERED and ADJUDGED that respondents shall afford petitioners one week to cure any deficiency in petitioners’ certification[s] for participation in the Public Campaign Finance Program consistent with this Decision and Order; and it is further

ORDERED that any relief not specifically addressed herein has nonetheless been considered and is denied.

This constitutes the Decision, Order, and Judgment of the Court, the original of which is being uploaded to NYSCEF for electronic entry by the Albany County Clerk. Upon such entry, counsel for petitioners shall promptly serve notice of entry on all other parties entitled to such notice.

Papers Considered:

NYSCEF Document Numbers 1 through 8 and 12 through 67.

FOOTNOTES

1.   Opposing respondent Commissioners represented at oral argument that the matter “can be dismissed on the merits and finally today”and that no answer was necessary (Oral Arg. Tr. at 56, lines 14-15). By letter dated May 11, 2026, petitioners agreed the Court had sufficient submissions from the parties to decide the merits of the case (NYSCEF Doc. No. 67).

2.   The PCFB consists of seven commissioners, designated as follows: each of four commissioners of the New York State Board of Elections (“BOE”) (two from each major political party), plus one commissioner appointed by the state legislative majority, one appointed by the state legislative minority, and another appointed by the governor (see Election Law § 14-207[1]).

3.   NYSCEF Doc. No. 24 is the Affirmation of Cheryl Couser, Supervising Investigative Auditor for PCFB, submitted in support of opposing respondents’ motion to dismiss.

4.   Candidate certifications are reviewed in a bipartisan manner and require the consensus of both Democratic and Republican staff to be accepted as satisfactory by the PCFB. If there is disagreement among the staff, the issue is referred to the commissioners (see NYSCEF Doc. No. 24, ¶31).

5.   Of these six joint-tickets, five were submitted without any certification from the lieutenant governor candidate. As to the sixth, the lieutenant governor certification was filed after the statutory deadline. Blakeman-Hood was the only joint-ticket to obtain ballot access. A seventh joint-ticket, Stora-Wang, timely filed the required certifications (NYSCEF Doc. No. 38).

Denise A. Hartman, J.