STATE OF NEW YORK
________________________________________________________________________
4344
2019-2020 Regular Sessions
IN SENATE
March 7, 2019
___________
Introduced by Sen. BIAGGI -- 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 contributions to prima-
ry and general elections
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraphs a and b of subdivision 1 of section 14-114 of
2 the election law, as amended by chapter 659 of the laws of 1994, are
3 amended to read as follows:
4 a. In any election for a public office to be voted on by the voters of
5 the entire state, or for nomination to any such office, no contributor
6 may make a contribution to any candidate or political committee, and no
7 candidate or political committee may accept any contribution from any
8 contributor[, which is in the aggregate amount greater than: (i) in the
9 case of any nomination to public office, the product of the total number
10 of enrolled voters in the candidate's party in the state, excluding
11 voters in inactive status, multiplied by $.005, but such amount shall be
12 not less than four thousand dollars nor more than twelve thousand
13 dollars as increased or decreased by the cost of living adjustment
14 described in paragraph c of this subdivision, and (ii) in the case of
15 any election to a public office, twenty-five thousand dollars as
16 increased or decreased by the cost of living adjustment described in
17 paragraph c of this subdivision; provided however, that the maximum
18 amount which may be so contributed or accepted, in the aggregate, from
19 any candidate's child, parent, grandparent, brother and sister, and the
20 spouse of any such persons, shall not exceed in the case of any nomi-
21 nation to public office an amount equivalent to the product of the
22 number of enrolled voters in the candidate's party in the state, exclud-
23 ing voters in inactive status, multiplied by $.025, and in the case of
24 any election for a public office, an amount equivalent to the product of
25 the number of registered voters in the state excluding voters in inac-
26 tive status, multiplied by $.025] which is greater than the amount of
27 seven thousand dollars for a primary election and greater than the
28 amount of eleven thousand dollars for a general election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03750-01-9
S. 4344 2
1 b. In any other election for party position or for election to a
2 public office or for nomination for any such office, no contributor may
3 make a contribution to any candidate or political committee and no
4 candidate or political committee may accept any contribution from any
5 contributor[, which is in the aggregate amount greater than: (i) in the
6 case of any election for party position, or for nomination to public
7 office, the product of the total number of enrolled voters in the candi-
8 date's party in the district in which he is a candidate, excluding
9 voters in inactive status, multiplied by $.05, and (ii) in the case of
10 any election for a public office, the product of the total number of
11 registered voters in the district, excluding voters in inactive status,
12 multiplied by $.05, however in the case of a nomination within the city
13 of New York for the office of mayor, public advocate or comptroller,
14 such amount shall be not less than four thousand dollars nor more than
15 twelve thousand dollars as increased or decreased by the cost of living
16 adjustment described in paragraph c of this subdivision; in the case of
17 an election within the city of New York for the office of mayor, public
18 advocate or comptroller, twenty-five thousand dollars as increased or
19 decreased by the cost of living adjustment described in paragraph c of
20 this subdivision; in the case of a nomination for state senator, four
21 thousand dollars as increased or decreased by the cost of living adjust-
22 ment described in paragraph c of this subdivision; in the case of an
23 election for state senator, six thousand two hundred fifty dollars as
24 increased or decreased by the cost of living adjustment described in
25 paragraph c of this subdivision; in the case of an election or nomi-
26 nation for a member of the assembly, twenty-five hundred dollars as
27 increased or decreased by the cost of living adjustment described in
28 paragraph c of this subdivision; but in no event shall any such maximum
29 exceed fifty thousand dollars or be less than one thousand dollars;
30 provided however, that the maximum amount which may be so contributed or
31 accepted, in the aggregate, from any candidate's child, parent, grand-
32 parent, brother and sister, and the spouse of any such persons, shall
33 not exceed in the case of any election for party position or nomination
34 for public office an amount equivalent to the number of enrolled voters
35 in the candidate's party in the district in which he is a candidate,
36 excluding voters in inactive status, multiplied by $.25 and in the case
37 of any election to public office, an amount equivalent to the number of
38 registered voters in the district, excluding voters in inactive status,
39 multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
40 er, or in the case of a nomination or election of a state senator, twen-
41 ty thousand dollars, whichever is greater, or in the case of a nomi-
42 nation or election of a member of the assembly twelve thousand five
43 hundred dollars, whichever is greater, but in no event shall any such
44 maximum exceed one hundred thousand dollars] which is greater than the
45 amount of seven thousand dollars for a primary election and greater than
46 the amount of eleven thousand dollars for a general election.
47 § 2. 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.