S T A T E O F N E W Y O R K
________________________________________________________________________
5878
2011-2012 Regular Sessions
I N A S S E M B L Y
March 2, 2011
___________
Introduced by M. of A. KAVANAGH, STEVENSON -- Multi-Sponsored by -- M.
of A. THIELE -- read once and referred to the Committee on Election
Law
AN ACT to amend the election law, in relation to decreasing contribution
limitations; and to repeal subdivision 3 of section 14-124 of the
election law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 14-114 of the election law, as
amended by chapter 79 of the laws of 1992, paragraphs a and b as amended
by chapter 659 of the laws of 1994, is amended to read as follows:
1. The following limitations apply to all contributions to candidates
for election to any public office or for nomination for any such office,
or for election to any party positions, and to all contributions to
political committees working directly or indirectly with any candidate
to aid or participate in such candidate's nomination or election, other
than any contributions to any party committee or constituted committee:
a. In any election for a public office to be voted on by the voters of
the entire state, or for nomination to any such office, no contributor
may make a contribution to any candidate or political committee, and no
candidate or political committee may accept any contribution from any
contributor, which is in the aggregate amount greater than: (i) in the
case of any nomination to public office, the product of the total number
of enrolled voters in the candidate's party in the state, excluding
voters in inactive status, multiplied by $.005, but such amount shall be
not less than four thousand dollars nor more than [twelve] FIVE thousand
dollars as increased or decreased by the cost of living adjustment
described in paragraph c of this subdivision, and (ii) in the case of
any election to a public office, [twenty-five] FIVE thousand dollars as
increased or decreased by the cost of living adjustment described in
paragraph c of this subdivision[; provided however, that the maximum
amount which may be so contributed or accepted, in the aggregate, from
any candidate's child, parent, grandparent, brother and sister, and the
spouse of any such persons, shall not exceed in the case of any nomi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00015-01-1
A. 5878 2
nation to public office an amount equivalent to the product of the
number of enrolled voters in the candidate's party in the state, exclud-
ing voters in inactive status, multiplied by $.025, and in the case of
any election for a public office, an amount equivalent to the product of
the number of registered voters in the state excluding voters in inac-
tive status, multiplied by $.025].
b. In any other election for party position or for election to a
public office or for nomination for any such office, no contributor may
make a contribution to any candidate or political committee and no
candidate or political committee may accept any contribution from any
contributor, which is in the aggregate amount greater than: (i) in the
case of any election for party position, or for nomination to public
office, the product of the total number of enrolled voters in the candi-
date's party in the district in which he is a candidate, excluding
voters in inactive status, multiplied by $.05, and (ii) in the case of
any election for a public office, the product of the total number of
registered voters in the district, excluding voters in inactive status,
multiplied by $.05[,]; BUT IN NO EVENT SHALL ANY SUCH MAXIMUM EXCEED
THREE THOUSAND DOLLARS OR BE LESS THAN ONE THOUSAND DOLLARS; however in
the case of a nomination OR ELECTION within the city of New York for the
office of mayor, public advocate [or], comptroller, BOROUGH PRESIDENT OR
MEMBER OF THE CITY COUNCIL, such amount shall be [not less than four
thousand dollars nor more than twelve thousand dollars as increased or
decreased by the cost of living adjustment described in paragraph c of
this subdivision; in the case of an election within the city of New York
for the office of mayor, public advocate or comptroller, twenty-five
thousand dollars as increased or decreased by the cost of living adjust-
ment described in paragraph c of this subdivision] EQUAL TO THE CONTRIB-
UTION LIMITS SET FORTH IN PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION
3-703 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK; PROVIDED
HOWEVER in the case of a nomination OR ELECTION for state senator,
[four] TWO thousand FOUR HUNDRED dollars as increased or decreased by
the cost of living adjustment described in paragraph c of this subdivi-
sion; [in the case of an election for state senator, six thousand two
hundred fifty dollars as increased or decreased by the cost of living
adjustment described in paragraph c of this subdivision;] in the case of
[an election or] A nomination OR ELECTION for a member of the assembly,
[twenty-five hundred] TWO THOUSAND FOUR HUNDRED dollars as increased or
decreased by the cost of living adjustment described in paragraph c of
this subdivision[; but in no event shall any such maximum exceed fifty
thousand dollars or be less than one thousand dollars; provided however,
that the maximum amount which may be so contributed or accepted, in the
aggregate, from any candidate's child, parent, grandparent, brother and
sister, and the spouse of any such persons, shall not exceed in the case
of any election for party position or nomination for public office an
amount equivalent to the number of enrolled voters in the candidate's
party in the district in which he is a candidate, excluding voters in
inactive status, multiplied by $.25 and in the case of any election to
public office, an amount equivalent to the number of registered voters
in the district, excluding voters in inactive status, multiplied by
$.25; or twelve hundred fifty dollars, whichever is greater, or in the
case of a nomination or election of a state senator, twenty thousand
dollars, whichever is greater, or in the case of a nomination or
election of a member of the assembly twelve thousand five hundred
dollars, whichever is greater, but in no event shall any such maximum
exceed one hundred thousand dollars].
A. 5878 3
c. At the beginning of each fourth calendar year, commencing in [nine-
teen hundred ninety-five] TWO THOUSAND TWELVE, the state board shall
determine the percentage of the difference between the [most recent
available monthly] consumer price index for all urban consumers
published by the United States bureau of labor statistics and such
consumer price index published for the same month four years previously.
The amount of each contribution limit fixed in this subdivision shall be
adjusted by the amount of such percentage difference to the closest one
hundred dollars by the state board which, not later than the first day
of February in each such year, shall issue a regulation publishing the
amount of each such contribution limit. Each contribution limit as so
adjusted shall be the contribution limit in effect for any election held
before the next such adjustment.
S 2. Subdivision 8 of section 14-114 of the election law, as amended
by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
laws of 1978, is amended to read as follows:
8. A. Except as may otherwise be provided [for] BY a candidate [and
his family] FOR HIS OR HER OWN CAMPAIGN, no NATURAL person may contrib-
ute, loan or guarantee in excess of [one hundred fifty] TWENTY-FIVE
thousand dollars within the state OF NEW YORK IN ANY CALENDAR YEAR in
connection with the nomination or election of [persons to] CANDIDATES
FOR state [and] OR local public offices [and] OR party positions [within
the state of New York in any one calendar year].
B. For the purposes of this subdivision "loan" or "guarantee" shall
mean a loan or guarantee which is not repaid or discharged in the calen-
dar year in which it is made.
S 3. Subdivision 10 of section 14-114 of the election law, as added by
chapter 79 of the laws of 1992, is amended to read as follows:
10. a. No contributor may make a contribution to a party or consti-
tuted committee and no such committee may accept a contribution from any
contributor which, in the aggregate, is greater than [sixty-two] TWEN-
TY-FIVE thousand [five hundred] dollars per annum.
b. At the beginning of each fourth calendar year, commencing in [nine-
teen hundred ninety-five] TWO THOUSAND THIRTEEN, the state board shall
determine the percentage of the difference between the most recent
available monthly consumer price index for all urban consumers published
by the United States bureau of labor statistics and such consumer price
index published for the same month four years previously. The amount of
such contribution limit fixed in paragraph a of this subdivision shall
be adjusted by the amount of such percentage difference to the closest
one hundred dollars by the state board which, not later than the first
day of February in each such year, shall issue a regulation publishing
the amount of such contribution limit. Such contribution limit as so
adjusted shall be the contribution limit in effect for any election held
before the next such adjustment.
S 4. Subdivision 3 of section 14-124 of the election law is REPEALED.
S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, that contributions legally
received prior to the effective date of this act may be retained and
expended for lawful purposes and shall not provide the basis for a
violation of article 14 of the election law, as amended by this act; and
provided, further, that the state board of elections shall notify all
candidates and political committees of the applicable provisions of this
act within thirty days after this act shall have become a law.