(1) a memorandum explaining the circumstances surrounding the investigation, reciting the section(s) of the Election Law that have allegedly been violated, and how any documents, testimony or other materials returned pursuant to a subpoena issued in the matter would be relevant and material to the investigation;

(2) the name(s) of the person(s) and/or entity(ies) that will be served the proposed subpoena(s); and

(3) a copy of the proposed subpoena(s) to be issued should the authority to issue be granted.

(1) A request for subpoena authority shall be directly related to a particular investigation. A grant of subpoena authority shall not include authority to issue subpoenas other than to those persons or entities identified in the application for such subpoena unless the board specifically grants such blanket authority.

(2) When the chief enforcement counsel applies for authority to issue a subpoena, the board may authorize the chief enforcement counsel to issue subpoenas requiring the attendance and testimony of any person by deposition and to issue subpoenas duces tecum for the production of documentary or other tangible evidence in connection with and reasonably related to a lawful investigation.

(3) As a condition of granting subpoena authority to the chief enforcement counsel, the board reserves the right, upon the motion of any one commissioner, to rescind or further condition subpoenas or subpoenas duces tecum, by a majority vote of the board. When the board considers whether to rescind or further condition a subpoena or subpoena duces tecum, the chief enforcement counsel shall be entitled to participate in any discussion and may vote only if there is a tie vote.

(4) As a condition of granting authority to exercise the powers which the board is otherwise authorized to exercise pursuant to subdivision 5 and 6 of section 3-102 of the Election Law to the chief enforcement counsel, such authority to so act shall expire six months after the date authority is granted by the board unless the resolution approving such authority provides for a longer duration, and any subpoenas or subpoenas duces tecum shall be deemed expired six months after authority is granted by the board unless the resolution approving such subpoenas provides for a longer duration; provided, further, that if the board did not vote within 20 days of its submission, then the chief enforcement counsel’s initial authority to act without a vote, shall expire 90 days after the chief enforcement counsel was empowered to exercise such authority, and any subsequent subpoenas or subpoenas duces tecum involved in that matter shall be brought to the board for action pursuant to the above provisions after the expiration of the 90 day period.

(5) For any authority to exercise the powers which the board is otherwise authorized to exercise pursuant to subdivision 5 and 6 of section 3-102 of the Election Law granted to the chief enforcement counsel prior to the effective date of this section, such authority and any subpoenas issued pursuant to such authority shall expire six months after the effective date of this regulation.

(6) Nothing in this section shall prohibit the chief enforcement counsel from making an application to renew authority to exercise powers with respect to any ongoing matter, which the board is otherwise authorized to exercise pursuant to subdivision 5 and 6 of section 3-102 of the Election Law.