Bill Text: NY S07070 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ELECTIONS [S07070 Detail]

Download: New_York-2017-S07070-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7070
                    IN SENATE
                                       (Prefiled)
                                     January 3, 2018
                                       ___________
        Introduced  by Sen. KAVANAGH -- 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
          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] ten thousand
    19  dollars as increased or decreased  by  the  cost  of  living  adjustment
    20  described  in  paragraph  c of this subdivision, and (ii) in the case of
    21  any election to a public office, [twenty-five] fifteen thousand  dollars
    22  as  increased or decreased by the cost of living adjustment described in
    23  paragraph c of this subdivision[; provided  however,  that  the  maximum
    24  amount  which  may be so contributed or accepted, in the aggregate, from
    25  any candidate's child, parent, grandparent, brother and sister, and  the
    26  spouse  of  any  such persons, shall not exceed in the case of any nomi-
    27  nation to public office an amount  equivalent  to  the  product  of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03065-02-7
        S. 7070                             2

     1  number of enrolled voters in the candidate's party in the state, exclud-
     2  ing  voters  in inactive status, multiplied by $.025, and in the case of
     3  any election for a public office, an amount equivalent to the product of
     4  the  number  of registered voters in the state excluding voters in inac-
     5  tive status, multiplied by $.025].
     6    b. In any other election for party  position  or  for  election  to  a
     7  public  office or for nomination for any such office, no contributor may
     8  make a contribution to any  candidate  or  political  committee  and  no
     9  candidate  or  political  committee may accept any contribution from any
    10  contributor, which is in the aggregate amount greater than: (i)  in  the
    11  case  of  any  election  for party position, or for nomination to public
    12  office, the product of the total number of enrolled voters in the candi-
    13  date's party in the district in  which  he  is  a  candidate,  excluding
    14  voters  in  inactive status, multiplied by $.05, and (ii) in the case of
    15  any election for a public office, the product of  the  total  number  of
    16  registered  voters in the district, excluding voters in inactive status,
    17  multiplied by $.05[,]; but in no event shall  any  such  maximum  exceed
    18  three thousand dollars or be less than one thousand dollars as increased
    19  or  decreased  by the cost of living adjustment described in paragraph c
    20  of this subdivision; however in the case of  a  nomination  or  election
    21  within  the  city  of  New York for the office of mayor, public advocate
    22  [or], comptroller, borough president or member of the city council, such
    23  amount shall be [not less than  four  thousand  dollars  nor  more  than
    24  twelve  thousand dollars as increased or decreased by the cost of living
    25  adjustment described in paragraph c of this subdivision; in the case  of
    26  an  election within the city of New York for the office of mayor, public
    27  advocate or comptroller, twenty-five thousand dollars  as  increased  or
    28  decreased  by  the cost of living adjustment described in paragraph c of
    29  this subdivision] equal to the contribution limits set  forth  in  para-
    30  graph (f) of subdivision one of section 3-703 of the administrative code
    31  of the city of New York; provided however in the case of a nomination or
    32  election  for  state  senator,  such amount shall be [four] six thousand
    33  dollars as increased or decreased  by  the  cost  of  living  adjustment
    34  described  in  paragraph  c  of  this  subdivision;  [in  the case of an
    35  election for state senator, six thousand two hundred  fifty  dollars  as
    36  increased  or  decreased  by  the cost of living adjustment described in
    37  paragraph c of this subdivision;] in the case  of  [an  election  or]  a
    38  nomination  or  election  for  a  member  of  the assembly, [twenty-five
    39  hundred] three thousand dollars as increased or decreased by the cost of
    40  living adjustment described in paragraph c of this subdivision[; but  in
    41  no event shall any such maximum exceed fifty thousand dollars or be less
    42  than  one  thousand  dollars;  provided however, that the maximum amount
    43  which may be so contributed or accepted,  in  the  aggregate,  from  any
    44  candidate's  child,  parent,  grandparent,  brother  and sister, and the
    45  spouse of any such persons, shall not exceed in the case of any election
    46  for party position or nomination for public office an amount  equivalent
    47  to  the  number  of  enrolled  voters  in  the  candidate's party in the
    48  district in which he  is  a  candidate,  excluding  voters  in  inactive
    49  status,  multiplied  by  $.25  and in the case of any election to public
    50  office, an amount equivalent to the number of registered voters  in  the
    51  district,  excluding  voters  in inactive status, multiplied by $.25; or
    52  twelve hundred fifty dollars, whichever is greater, or in the case of  a
    53  nomination  or  election  of  a  state senator, twenty thousand dollars,
    54  whichever is greater, or in the case of a nomination or  election  of  a
    55  member  of  the assembly twelve thousand five hundred dollars, whichever
        S. 7070                             3

     1  is greater, but in no event shall any such maximum  exceed  one  hundred
     2  thousand dollars].
     3    c.  At the beginning of each [fourth] second calendar year, commencing
     4  in [nineteen hundred ninety-five] two thousand nineteen, the state board
     5  shall determine the percentage of the difference between the most recent
     6  available monthly consumer price index for all urban consumers published
     7  by the United States bureau of labor statistics and such consumer  price
     8  index  published  for  the  same  month [four] two years previously. The
     9  amount of each contribution limit fixed in  this  subdivision  shall  be
    10  adjusted  by the amount of such percentage difference to the closest one
    11  hundred dollars by the state board which, not later than the  first  day
    12  of  February  in each such year, shall issue a regulation publishing the
    13  amount of each such contribution limit. Each contribution  limit  as  so
    14  adjusted shall be the contribution limit in effect for any election held
    15  before the next such adjustment.
    16    § 2. Subdivision 10 of section 14-114 of the election law, as added by
    17  chapter 79 of the laws of 1992, is amended to read as follows:
    18    10.  a.  No  contributor may make a contribution to a party or consti-
    19  tuted committee and no such committee may accept a contribution from any
    20  contributor which, in the aggregate, is greater than  [sixty-two]  twen-
    21  ty-five thousand [five hundred] dollars per annum.
    22    b.  At the beginning of each [fourth] second calendar year, commencing
    23  in [nineteen hundred ninety-five] two thousand nineteen, the state board
    24  shall determine the percentage of the difference between the most recent
    25  available monthly consumer price index for all urban consumers published
    26  by the United States bureau of labor statistics and such consumer  price
    27  index  published  for  the  same  month [four] two years previously. The
    28  amount of such contribution limit fixed in paragraph a of this  subdivi-
    29  sion  shall  be  adjusted by the amount of such percentage difference to
    30  the closest one hundred dollars by the state board which, not later than
    31  the first day of February in each such year, shall  issue  a  regulation
    32  publishing  the  amount  of  such  contribution limit. Such contribution
    33  limit as so adjusted shall be the contribution limit in effect  for  any
    34  election held before the next such adjustment.
    35    §  3.  Subdivision 3 of section 14-124 of the election law, as amended
    36  by section 1 of part B of chapter 286 of the laws of 2016, is amended to
    37  read as follows:
    38    3. The contribution and receipt limits of this article shall not apply
    39  to monies received and expenditures made by a party committee or consti-
    40  tuted committee to maintain a permanent headquarters and staff and carry
    41  on ordinary activities which are not for the express purpose of  promot-
    42  ing  the  candidacy  of  specific  candidates; provided that such monies
    43  described in  this  subdivision  shall  be  deposited  in  a  segregated
    44  account.  Contributions made for such activities to a party committee or
    45  constituted committee shall be limited to twenty-five  thousand  dollars
    46  in the aggregate from each contributor in each year.
    47    § 4. This act shall take effect on the one hundred eightieth day after
    48  it  shall  have  become  a  law;  provided,  that  contributions legally
    49  received prior to the effective date of this act  may  be  retained  and
    50  expended  for  lawful  purposes  and  shall  not provide the basis for a
    51  violation of article 14 of the election law, as amended by this act; and
    52  provided, further, that the state board of elections  shall  notify  all
    53  candidates and political committees of the applicable provisions of this
    54  act within thirty days after this act shall have become a law.