Bill Text: NY S05073 | 2015-2016 | General Assembly | Introduced


Bill Title: Reduces campaign contributions limits for candidates for election to public office or party position.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO ELECTIONS [S05073 Detail]

Download: New_York-2015-S05073-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5073
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 29, 2015
                                      ___________
       Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Elections
       AN ACT to amend the election law, in relation to decreasing contribution
         limitations; and to repeal subdivision 3 of section 14-124 of such law
         relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    Subdivision 1 of section 14-114 of the election law, as
    2  amended by chapter 79 of the laws of 1992, paragraphs a and b as amended
    3  by chapter 659 of the laws of 1994, is amended to read as follows:
    4    1. The following limitations apply to all contributions to  candidates
    5  for election to any public office or for nomination for any such office,
    6  or  for  election  to  any  party positions, and to all contributions to
    7  political committees working directly or indirectly with  any  candidate
    8  to  aid or participate in such candidate's nomination or election, other
    9  than any contributions to any party committee or constituted committee:
   10    a. In any election for a public office to be voted on by the voters of
   11  the entire state, or for nomination to any such office,  no  contributor
   12  may  make a contribution to any candidate or political committee, and no
   13  candidate or political committee may accept any  contribution  from  any
   14  contributor,  which is in the aggregate amount greater than:  (i) in the
   15  case of any nomination to public office, the product of the total number
   16  of enrolled voters in the candidate's  party  in  the  state,  excluding
   17  voters in inactive status, multiplied by $.005, but such amount shall be
   18  not less than four thousand dollars nor more than [twelve] FIVE thousand
   19  FOUR  HUNDRED  dollars  as  increased or decreased by the cost of living
   20  adjustment described in paragraph c of this subdivision, and (ii) in the
   21  case of any election to a public  office,  [twenty-five]  FIVE  thousand
   22  FOUR  HUNDRED  dollars  as  increased or decreased by the cost of living
   23  adjustment described in  paragraph  c  of  this  subdivision[;  provided
   24  however,  that  the  maximum  amount  which  may  be  so  contributed or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00970-03-5
       S. 5073                             2
    1  accepted, in the aggregate, from any candidate's child,  parent,  grand-
    2  parent,  brother  and  sister, and the spouse of any such persons, shall
    3  not exceed in the case of any nomination  to  public  office  an  amount
    4  equivalent to the product of the number of enrolled voters in the candi-
    5  date's  party  in the state, excluding voters in inactive status, multi-
    6  plied by $.025, and in the case of any election for a public office,  an
    7  amount  equivalent  to the product of the number of registered voters in
    8  the state excluding voters in inactive status, multiplied by $.025].
    9    b. In any other election for party  position  or  for  election  to  a
   10  public  office or for nomination for any such office, no contributor may
   11  make a contribution to any  candidate  or  political  committee  and  no
   12  candidate  or  political  committee may accept any contribution from any
   13  contributor, which is in the aggregate amount greater than: (i)  in  the
   14  case  of  any  election  for party position, or for nomination to public
   15  office, the product of the total number of enrolled voters in the candi-
   16  date's party in the district in  which  he  is  a  candidate,  excluding
   17  voters  in  inactive status, multiplied by $.05, and (ii) in the case of
   18  any election for a public office, the product of  the  total  number  of
   19  registered  voters in the district, excluding voters in inactive status,
   20  multiplied by $.05[,]; BUT IN NO EVENT SHALL  ANY  SUCH  MAXIMUM  EXCEED
   21  THREE  THOUSAND DOLLARS OR BE LESS THAN ONE THOUSAND DOLLARS; however in
   22  the case of a nomination OR ELECTION within the city of New York for the
   23  office of mayor, public advocate [or], comptroller, BOROUGH PRESIDENT OR
   24  MEMBER OF THE CITY COUNCIL, such amount shall be  [not  less  than  four
   25  thousand  dollars  nor more than twelve thousand dollars as increased or
   26  decreased by the cost of living adjustment described in paragraph  c  of
   27  this subdivision; in the case of an election within the city of New York
   28  for  the  office  of  mayor, public advocate or comptroller, twenty-five
   29  thousand dollars as increased or decreased by the cost of living adjust-
   30  ment described in paragraph c of this subdivision] EQUAL TO THE CONTRIB-
   31  UTION LIMITS SET FORTH IN PARAGRAPH (F) OF SUBDIVISION  ONE  OF  SECTION
   32  3-703  OF  THE  ADMINISTRATIVE  CODE  OF  THE CITY OF NEW YORK; PROVIDED
   33  HOWEVER in the case of a  nomination  OR  ELECTION  for  state  senator,
   34  [four]  TWO  thousand SEVEN HUNDRED dollars as increased or decreased by
   35  the cost of living adjustment described in paragraph c of this  subdivi-
   36  sion;  [in  the  case of an election for state senator, six thousand two
   37  hundred fifty dollars as increased or decreased by the  cost  of  living
   38  adjustment described in paragraph c of this subdivision;] in the case of
   39  [an  election or] A nomination OR ELECTION for a member of the assembly,
   40  [twenty-five hundred] TWO THOUSAND SEVEN HUNDRED dollars as increased or
   41  decreased by the cost of living adjustment described in paragraph  c  of
   42  this  subdivision[;  but in no event shall any such maximum exceed fifty
   43  thousand dollars or be less than one thousand dollars; provided however,
   44  that the maximum amount which may be so contributed or accepted, in  the
   45  aggregate,  from any candidate's child, parent, grandparent, brother and
   46  sister, and the spouse of any such persons, shall not exceed in the case
   47  of any election for party position or nomination for  public  office  an
   48  amount  equivalent  to  the number of enrolled voters in the candidate's
   49  party in the district in which he is a candidate,  excluding  voters  in
   50  inactive  status,  multiplied by $.25 and in the case of any election to
   51  public office, an amount equivalent to the number of  registered  voters
   52  in  the  district,  excluding  voters  in inactive status, multiplied by
   53  $.25; or twelve hundred fifty dollars, whichever is greater, or  in  the
   54  case  of  a  nomination  or election of a state senator, twenty thousand
   55  dollars, whichever is greater,  or  in  the  case  of  a  nomination  or
   56  election  of  a  member  of  the  assembly  twelve thousand five hundred
       S. 5073                             3
    1  dollars, whichever is greater, but in no event shall  any  such  maximum
    2  exceed one hundred thousand dollars].
    3    c.  At the beginning of each [fourth] SECOND calendar year, commencing
    4  in [nineteen hundred ninety-five]  TWO  THOUSAND  SEVENTEEN,  the  state
    5  board  shall determine the percentage of the difference between the most
    6  recent available monthly consumer price index for  all  urban  consumers
    7  published  by  the  United  States  bureau  of labor statistics and such
    8  consumer price index published for  the  same  month  [four]  TWO  years
    9  previously. The amount of each contribution limit fixed in this subdivi-
   10  sion  shall  be  adjusted by the amount of such percentage difference to
   11  the closest one hundred dollars by the state board which, not later than
   12  the first day of February in each such year, shall  issue  a  regulation
   13  publishing the amount of each such contribution limit. Each contribution
   14  limit  as  so adjusted shall be the contribution limit in effect for any
   15  election held before the next such adjustment.
   16    S 2. Subdivision 8 of section 14-114 of the election law,  as  amended
   17  by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
   18  laws of 1978, is amended to read as follows:
   19    8.  A.  Except  as may otherwise be provided [for] BY a candidate [and
   20  his family] FOR HIS OR HER OWN CAMPAIGN, no NATURAL person may  contrib-
   21  ute,  loan  or  guarantee  in  excess of [one hundred fifty] TWENTY-FIVE
   22  thousand dollars within the state OF NEW YORK IN ANY  CALENDAR  YEAR  in
   23  connection  with  the  nomination or election of [persons to] CANDIDATES
   24  FOR state [and] OR local public offices [and] OR party positions [within
   25  the state of New York in any one calendar year].
   26    B. For the purposes of this subdivision "loan"  or  "guarantee"  shall
   27  mean a loan or guarantee which is not repaid or discharged in the calen-
   28  dar year in which it is made.
   29    S 3. Subdivision 10 of section 14-114 of the election law, as added by
   30  chapter 79 of the laws of 1992, is amended to read as follows:
   31    10.  a.  No  contributor may make a contribution to a party or consti-
   32  tuted committee and no such committee may accept a contribution from any
   33  contributor which, in the aggregate, is greater than  [sixty-two]  TWEN-
   34  TY-FIVE thousand [five hundred] dollars per annum.
   35    b.  At the beginning of each [fourth] SECOND calendar year, commencing
   36  in [nineteen hundred ninety-five]  TWO  THOUSAND  SEVENTEEN,  the  state
   37  board  shall determine the percentage of the difference between the most
   38  recent available monthly consumer price index for  all  urban  consumers
   39  published  by  the  United  States  bureau  of labor statistics and such
   40  consumer price index published for  the  same  month  [four]  TWO  years
   41  previously.  The  amount of such contribution limit fixed in paragraph a
   42  of this subdivision shall be adjusted by the amount of  such  percentage
   43  difference  to the closest one hundred dollars by the state board which,
   44  not later than the first day of February in each such year, shall  issue
   45  a  regulation  publishing  the  amount  of such contribution limit. Such
   46  contribution limit as so adjusted shall be  the  contribution  limit  in
   47  effect for any election held before the next such adjustment.
   48    S 4. Subdivision 3 of section 14-124 of the election law is REPEALED.
   49    S 5. This act shall take effect on the one hundred eightieth day after
   50  it  shall  have  become  a  law;  provided,  that  contributions legally
   51  received prior to the effective date of this act  may  be  retained  and
   52  expended  for  lawful  purposes  and  shall  not provide the basis for a
   53  violation of article 14 of the election law, as amended by this act; and
   54  provided, further, that the state board of elections  shall  notify  all
   55  candidates and political committees of the applicable provisions of this
   56  act within thirty days after this act shall have become a law.
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