Bill Text: NY S09558 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to contribution and receipt limitations applicable to candidates for election to any public office.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-09-16 - REFERRED TO RULES [S09558 Detail]

Download: New_York-2021-S09558-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9558

                    IN SENATE

                                   September 16, 2022
                                       ___________

        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the  election  law,  in  relation  to  contribution  and
          receipt 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  section 3 of part ZZZ of chapter 58 of the laws of 2020, is
     3  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, partic-
    13  ipating  in  the  state's  public  campaign financing system pursuant to
    14  title two of this article and no such candidate or  political  committee
    15  may accept any contribution from any contributor, which is in the aggre-
    16  gate amount greater than eighteen thousand dollars divided equally among
    17  the primary and general election in an election cycle; provided however,
    18  that  the maximum amount which may be so contributed or accepted, in the
    19  aggregate, from any candidate's child, parent, grandparent, brother  and
    20  sister, and the spouse of any such persons, shall not exceed in the case
    21  of  any  nomination to public office an amount equivalent to the product
    22  of the number of enrolled voters in the candidate's party in the  state,
    23  excluding  voters  in  inactive  status, multiplied by $.025, and in the
    24  case of any election for a public office, an amount  equivalent  to  the
    25  product of the number of registered voters in the state excluding voters
    26  in inactive status, multiplied by $.025.
    27    b.  In  any  [other  election  for party position or for election to a
    28  public office or for nomination for any such office, no contributor  may

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10319-02-1

        S. 9558                             2

     1  make  a contribution to any candidate or political committee] nomination
     2  or election of a candidate participating in the state's public  campaign
     3  financing  system  pursuant  to title two of this article [and], no such
     4  candidate  or  political  committee may accept any contribution from any
     5  contributor, which is in the aggregate amount greater than [election for
     6  party position, or for nomination to public office, the product  of  the
     7  total number of enrolled voters in the candidate's party in the district
     8  in  which he is a candidate, excluding voters in inactive status, multi-
     9  plied by $.05, and (ii) in the case of any election for a public office,
    10  the product of the total number of registered voters  in  the  district,
    11  excluding  voters in inactive status, multiplied by $.05, however in the
    12  case of a nomination within the city of  New  York  for  the  office  of
    13  mayor,  public  advocate  or  comptroller, such amount shall be not less
    14  than four thousand dollars nor more  than  twelve  thousand  dollars  as
    15  increased  or  decreased  by  the cost of living adjustment described in
    16  paragraph c of this subdivision; in the case of an election  within  the
    17  city  of  New  York  for  the  office of mayor, public advocate or comp-
    18  troller, twenty-five thousand dollars as increased or decreased  by  the
    19  cost   of   living   adjustment   described   in  paragraph  c  of  this
    20  subdivision;]: (i) in the case of a nomination  or  election  for  state
    21  senator,  ten  thousand  dollars,  divided equally among the primary and
    22  general election in an election cycle; and (ii) in the case  of  [an]  a
    23  nomination  or  election [or nomination] for [a] member of the assembly,
    24  six thousand dollars, divided equally  among  the  primary  and  general
    25  election in an election cycle; provided however, that the maximum amount
    26  which  may  be  so contributed or accepted, in the aggregate, from [any]
    27  such candidate's child, parent, grandparent, brother and sister, and the
    28  spouse of any such  persons,  shall  not  exceed  in  the  case  of  any
    29  [election  for  party  position or] nomination for [public office] state
    30  senator or member of the assembly an amount equivalent to the number  of
    31  enrolled  voters in the candidate's party in the district in which he or
    32  she is a candidate, excluding voters in inactive status,  multiplied  by
    33  $.25  and  in  the  case  of  any  election [to public office] for state
    34  senator or member of the assembly, an amount equivalent to the number of
    35  registered voters in the district, excluding voters in inactive  status,
    36  multiplied  by  $.25;  [or  twelve  hundred  fifty dollars, whichever is
    37  greater, or] provided, however, in the case of a nomination or  election
    38  of a state senator, twenty thousand dollars, whichever is greater, or in
    39  the  case of a nomination or election of a member of the assembly twelve
    40  thousand five hundred dollars, whichever is greater,  but  in  no  event
    41  shall any such maximum exceed one hundred thousand dollars.
    42    c. In any election for a public office to be voted on by the voters of
    43  the  entire  state, or for nomination to any such office, no contributor
    44  may make a contribution to  any  candidate  or  political  committee  in
    45  connection  with  a  candidate  who  is not a participating candidate as
    46  defined in subdivision fourteen of section 14-200-a of this article, and
    47  no such candidate or political committee  may  accept  any  contribution
    48  from  any  contributor,  which  is  in the aggregate amount greater than
    49  eighteen thousand dollars, divided equally among the primary and general
    50  election in an election cycle; provided however, that the maximum amount
    51  which may be so contributed or accepted,  in  the  aggregate,  from  any
    52  candidate's  child,  parent,  grandparent,  brother  and sister, and the
    53  spouse of any such persons, shall not exceed in the case  of  any  nomi-
    54  nation  to  public  office  an  amount  equivalent to the product of the
    55  number of enrolled voters in the candidate's party in the state, exclud-
    56  ing voters in inactive status, multiplied by $.025, and in the  case  of

        S. 9558                             3

     1  any election for a public office, an amount equivalent to the product of
     2  the  number of registered voters in the state, excluding voters in inac-
     3  tive status, multiplied by $.025.
     4    d.  In  any nomination or election of a candidate who is not a partic-
     5  ipating candidate for  state  senator,  ten  thousand  dollars,  divided
     6  equally  among the primary and general election in an election cycle; in
     7  the case of [an election or] a nomination or election for [a] member  of
     8  the  assembly,  six  thousand dollars, divided equally among the primary
     9  and general election in an election cycle.
    10    e. In any other election for party  position  or  for  election  to  a
    11  public  office or for nomination for any such office, no contributor may
    12  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  election  for party position, or for nomination to public
    16  office, the product of the total number of enrolled voters in the candi-
    17  date's party in the district in which he or she is a candidate,  exclud-
    18  ing  voters in inactive status, multiplied by $.05, and (ii) in the case
    19  of any election for a public office, the product of the total number  of
    20  registered  voters in the district, excluding voters in inactive status,
    21  multiplied by $.05, however in the case of a nomination within the  city
    22  of  New  York  for  the office of mayor, public advocate or comptroller,
    23  such 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 f 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 f of
    29  this subdivision but in no event shall any  such  maximum  exceed  fifty
    30  thousand dollars or be less than one thousand dollars; provided however,
    31  that  the maximum amount which may be so contributed or accepted, in the
    32  aggregate, from any candidate's child, parent, grandparent, brother  and
    33  sister, and the spouse of any such persons, shall not exceed in the case
    34  of  any  election  for party position or nomination for public office an
    35  amount equivalent to the number of enrolled voters  in  the  candidate's
    36  party  in  the  district  in  which  he or she is a candidate, excluding
    37  voters in inactive status, multiplied by $.25 and in  the  case  of  any
    38  election  to public office, an amount equivalent to the number of regis-
    39  tered voters in the  district,  excluding  voters  in  inactive  status,
    40  multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
    41  er,  but  in no event shall any such maximum exceed one hundred thousand
    42  dollars.
    43    f. (1) At the beginning of each fourth calendar  year,  commencing  in
    44  nineteen  hundred  ninety-five,  the  state  board  shall  determine the
    45  percentage of the difference between the most recent  available  monthly
    46  consumer  price  index  for  all urban consumers published by the United
    47  States  bureau  of  labor  statistics  and  such  consumer  price  index
    48  published  for  the same month four years previously. The amount of each
    49  contribution limit fixed in this subdivision shall be  adjusted  by  the
    50  amount  of such percentage difference to the closest one hundred dollars
    51  by the state board which, not later than the first day  of  February  in
    52  each  such  year, shall issue a regulation publishing the amount of each
    53  such contribution limit. Each contribution limit as so adjusted shall be
    54  the contribution limit in effect for any election held before  the  next
    55  such adjustment.

        S. 9558                             4

     1    (2)  Provided,  however,  that  such  adjustments  shall not occur for
     2  candidates seeking statewide office, or the position of state senator or
     3  member of the assembly, whether such candidate does or does not  partic-
     4  ipate in the public finance program established pursuant to title two of
     5  this article.
     6    [f.]  g. Notwithstanding any other contribution limit in this section,
     7  participating candidates as defined in subdivision fourteen  of  section
     8  14-200-a  of  this article may contribute, out of their own money, three
     9  times the applicable contribution limit to their own authorized  commit-
    10  tee.
    11    §  2.  This  act  shall  take  effect on the same date and in the same
    12  manner as section 3 of part ZZZ of chapter 58 of the laws of 2020, takes
    13  effect.
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