S T A T E O F N E W Y O R K
________________________________________________________________________
2266
2017-2018 Regular Sessions
I N A S S E M B L Y
January 17, 2017
___________
Introduced by M. of A. KAVANAGH, LUPARDO, ABINANTI, ROZIC, RYAN,
O'DONNELL, SEAWRIGHT, COLTON, GOTTFRIED, GALEF -- Multi-Sponsored by
-- M. of A. GLICK, McDONALD, THIELE -- read once and referred to the
Committee on Election Law
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:
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] TEN 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] FIFTEEN 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.
LBD03065-01-7
A. 2266 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 AS INCREASED
OR DECREASED BY THE COST OF LIVING ADJUSTMENT DESCRIBED IN PARAGRAPH C
OF THIS SUBDIVISION; 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 adjustment described in paragraph c of
this subdivision] EQUAL TO THE CONTRIBUTION LIMITS SET FORTH IN PARA-
GRAPH (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, SUCH AMOUNT SHALL BE [four] SIX 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 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] THREE THOUSAND 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
A. 2266 3
is greater, but in no event shall any such maximum exceed one hundred
thousand dollars].
c. At the beginning of each [fourth] SECOND calendar year, commencing
in [nineteen hundred ninety-five] TWO THOUSAND EIGHTEEN, 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] TWO 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.
§ 2. 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] SECOND calendar year, commencing
in [nineteen hundred ninety-five] TWO THOUSAND EIGHTEEN, 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] TWO years previously. The
amount of such contribution limit fixed in paragraph a of this subdivi-
sion 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.
§ 3. Subdivision 3 of section 14-124 of the election law, as amended
by section 1 of part B of chapter 286 of the laws of 2016, is amended to
read as follows:
3. The contribution and receipt limits of this article shall not apply
to monies received and expenditures made by a party committee or consti-
tuted committee to maintain a permanent headquarters and staff and carry
on ordinary activities which are not for the express purpose of promot-
ing the candidacy of specific candidates; provided that such monies
described in this subdivision shall be deposited in a segregated
account. CONTRIBUTIONS MADE FOR SUCH ACTIVITIES TO A PARTY COMMITTEE OR
CONSTITUTED COMMITTEE SHALL BE LIMITED TO TWENTY-FIVE THOUSAND DOLLARS
IN THE AGGREGATE FROM EACH CONTRIBUTOR IN EACH YEAR.
§ 4. 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.