S T A T E O F N E W Y O R K
________________________________________________________________________
4554
2021-2022 Regular Sessions
I N A S S E M B L Y
February 4, 2021
___________
Introduced by M. of A. LAWLER -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to public financing for
state office; to repeal the title heading of title I and title II of
the election law relating thereto; to repeal section 92-t and subdivi-
sion 5 of section 95 of the state finance law relating to the New York
state campaign finance fund; and to repeal section 630-h of the tax
law relating to the New York state campaign finance fund check-off
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The article heading of article 14 of the election law, as
amended by section 1 of part ZZZ of chapter 58 of the laws of 2020, is
amended to read as follows:
CAMPAIGN RECEIPTS AND EXPENDITURES [PUBLIC FINANCING]
§ 2. The title heading of title I and title II of article 14 of the
election law are REPEALED.
§ 3. Subdivision 1 of section 14-114 of the election law, as amended
by section 3 of part ZZZ of chapter 58 of the laws of 2020, 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,
[participating in the state's public campaign financing system pursuant
to title two of this article] and no [such] candidate or political
committee may accept any contribution from any contributor, which is in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08519-02-1
A. 4554 2
the aggregate amount greater than [eighteen]: (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 INAC-
TIVE STATUS, MULTIPLIED BY $.005, BUT SUCH AMOUNT SHALL BE NOT LESS THAN
FOUR THOUSAND DOLLARS NOR MORE THAN TWELVE thousand dollars [divided
equally among the primary and general election in an election cycle] 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 THOUSAND DOLLARS AS INCREASED OR DECREASED
BY THE COST OF LIVING ADJUSTMENT DESCRIBED IN PARAGRAPH C OF THIS SUBDI-
VISION; 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 nomination to public office
an amount equivalent to the product of the number of enrolled voters in
the candidate's party in the state, excluding 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 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 [participat-
ing in the state's public campaign financing system pursuant to title
two of this article] and no [such] candidate or political committee may
accept any contribution from any contributor, which is in the aggregate
amount greater than election for party position, or for nomination to
public office, the product of the total 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 $.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, however in the case of a nomination within the city
of New York for the office of mayor, public advocate or comptroller,
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; in the case of a nomination [or election] for state
senator, [ten] FOUR thousand dollars[, divided equally among the primary
and general election in an election cycle] 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 nomination for a member of the assembly, [six thousand]
TWENTY-FIVE HUNDRED dollars, [divided equally among the primary and
general election in an election cycle] 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
A. 4554 3
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.
c. [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 contribu-
tor may make a contribution to any candidate or political committee in
connection with a candidate who is not a participating candidate as
defined in subdivision fourteen of section 14-200-a of this article, and
no such candidate or political committee may accept any contribution
from any contributor, which is in the aggregate amount greater than
eighteen thousand dollars, divided equally among the primary and general
election in an election cycle; 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-
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.
d. In any nomination or election of a candidate who is not a partic-
ipating candidate for state senator, ten thousand dollars, divided
equally among the primary and general election in an election cycle; in
the case of an election or nomination for a member of the assembly, six
thousand dollars, divided equally among the primary and general election
in an election cycle.
e.(1)] At the beginning of each fourth calendar year, commencing in
nineteen hundred ninety-five, 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.
[(2) Provided, however, that such adjustments shall not occur for
candidates seeking statewide office, or the position of state senator or
member of the assembly, whether such candidate does or does not partic-
ipate in the public finance program established pursuant to title two of
this article.
f. Notwithstanding any other contribution limit in this section,
participating candidates as defined in subdivision fourteen of section
A. 4554 4
14-200-a of this article may contribute, out of their own money, three
times the applicable contribution limit to their own authorized commit-
tee.]
§ 4. Section 92-t of the state finance law is REPEALED.
§ 5. Subdivision 5 of section 95 of the state finance law is REPEALED.
§ 6. Section 630-h of the tax law is REPEALED.
§ 7. Paragraph (a) of subdivision 9-A of section 3-102 of the election
law, as amended by section 8 of part ZZZ of chapter 58 of the laws of
2020, is amended to read as follows:
(a) develop an electronic reporting system to process the statements
of campaign receipts, contributions, transfers and expenditures required
to be filed with any board of elections pursuant to the provisions of
sections 14-102[,] AND 14-104 [and 14-201] of this chapter;
§ 8. This act shall take effect immediately; provided, however, that
sections one, two and three of this act shall take effect on the same
date and in the same manner as part ZZZ of chapter 58 of the laws of
2020, as amended, takes effect.