S T A T E O F N E W Y O R K
________________________________________________________________________
10237
I N A S S E M B L Y
April 2, 2020
___________
Introduced by M. of A. ROZIC -- 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] TWO thou-
sand EIGHT HUNDRED 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] NOT MORE
THAN TWO thousand EIGHT HUNDRED 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, grand-
parent, brother and sister, and the spouse of any such persons, shall
not exceed in the case of any nomination to public office an amount
equivalent to the product of the number of enrolled voters in the candi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02341-03-9
A. 10237 2
date's party in the state, excluding voters in inactive status, multi-
plied 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 inactive 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 TWO
THOUSAND EIGHT HUNDRED 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 PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION 3-703 OF THE ADMIN-
ISTRATIVE 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]
NOT MORE THAN TWO thousand EIGHT HUNDRED 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] NOT MORE THAN TWO THOUSAND EIGHT
HUNDRED dollars as increased or decreased by the cost of living adjust-
ment 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. 10237 3
c. At the beginning of each [fourth] SECOND calendar year, commencing
in [nineteen hundred ninety-five] TWO THOUSAND TWENTY-ONE, 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 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 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 TWENTY-ONE, 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 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.
§ 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.