S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2161
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 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 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, partic-
 ipating 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 aggre-
 gate amount greater than eighteen thousand dollars divided equally among
 the primary and general election in an election cycle[; provided  howev-
 er,  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04903-01-3
 A. 2161                             2
              

 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[,]; 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 E 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] EQUAL
 TO THE CONTRIBUTION LIMITS SET FORTH IN PARAGRAPH (F) OF SUBDIVISION ONE
 OF SECTION 3-703 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK; [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;] PROVIDED HOWEVER, in  the  case  of  a
 nomination  or election 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[; provided however, that the maximum  amount  which
 may  be  so  contributed  or accepted, in the aggregate, from any candi-
 date'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].
   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 contributor
 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
 A. 2161                             3

 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]  SECOND calendar year,
 commencing in [nineteen hundred ninety-five] TWO  THOUSAND  TWENTY-FOUR,
 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)  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
 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.
   § 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-FOUR,  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
 A. 2161                             4
 
 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, however, that contributions legal-
 ly  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.