Legislation
SECTION 14-114
Contribution and receipt limitations
Election (ELN) CHAPTER 17, ARTICLE 14, TITLE 1
§ 14-114. Contribution and receipt limitations. 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
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 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 nomination or election of a candidate participating in the
state's public campaign financing system pursuant to title two of this
article, no such candidate or political committee may accept any
contribution from any contributor, which is in the aggregate amount
greater than: (i) 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; and (ii) in the case of a
nomination or election for 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 such candidate's child,
parent, grandparent, brother and sister, and the spouse of any such
persons, shall not exceed in the case of any nomination for state
senator or member of the assembly an amount equivalent to the number of
enrolled voters in the candidate's party in the district in which he or
she is a candidate, excluding voters in inactive status, multiplied by
$.25 and in the case of any election for state senator or member of the
assembly, an amount equivalent to the number of registered voters in the
district, excluding voters in inactive status, multiplied by $.25;
provided, however, 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
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
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.
d. In any nomination or election of a candidate who is not a
participating candidate for state senator, ten thousand dollars, divided
equally among the primary and general election in an election cycle; in
the case of a nomination or election for member of the assembly, six
thousand dollars, divided equally among the primary and general election
in an election cycle.
e. 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
candidate's party in the district in which he or she 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 f 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 f 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 or
she 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, but in no event shall any such maximum
exceed one hundred thousand dollars.
f. (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
participate in the public finance program established pursuant to title
two of this article.
g. 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
committee.
2. For purposes of this section, contributions other than of money
shall be evaluated at their fair market value. The state board of
elections shall promulgate regulations, consistent with law, governing
the manner of computing fair market value.
3. As used in this section the term "contributor" shall not include a
party committee supporting the candidate of such party or a constituted
committee supporting the candidate of such party.
4. For purposes of this section, a portion of every contribution to a
party committee, expended as other than non-candidate expenditures, and
a portion of every contribution to a political committee authorized to
support more than one candidate, shall be deemed contributed to every
candidate supported by such committee. That portion shall be determined
by allocating the contributions received by the committee among all the
candidates supported by the committee in accordance with any formula
based upon reasonable standards established by the committee. The
statements filed by such committee in accordance with this article shall
set forth, in addition to the other information required to be set
forth, the total amount received by the committee from each contributor
on behalf of all such candidates and the amount of each such
contribution allocated to each candidate by dollar amount and
percentage. Nothing in this subdivision shall require allocating
contributions expended on non-candidate expenditures to candidates.
5. No constituted committee may expend, in any twelve month period
terminating on the day of a general election, other than as
non-candidate expenditures, any portion of any individual contribution
which exceeds, in the case of a state committee, one-half of one cent
for each registered voter in the state, or, in the case of any other
constituted committee, the greater of one cent for each registered voter
in the district in which the committee is organized or five hundred
dollars. The number of such voters shall be determined as of the date of
such general election or as of the date of the general election in
whichever of the preceding four years shall result in the greatest
number.
6. a. A loan made to a candidate or political committee, other than a
constituted committee, by any person, firm, association or corporation
other than in the regular course of the lender's business shall be
deemed, to the extent not repaid by the date of the primary, general or
special election, as the case may be, a contribution by such person,
firm, association or corporation.
b. A loan made to a candidate or political committee, other than a
constituted committee, by any person, firm, association or corporation
in the regular course of the lender's business shall be deemed, to the
extent not repaid by the date of the primary, general or special
election, as the case may be, a contribution by the obligor on the loan
and by any other person endorsing, cosigning, guaranteeing,
collateralizing or otherwise providing security for the loan.
c. Lobbyists, as defined by subdivision (a) of section one-c of the
legislative law or by subdivision (a) of section 3-211 of the
administrative code of the city of New York, political action
committees, labor unions, and any person who has registered with the
state board of elections as an independent expenditure committee
pursuant to subdivision three of section 14-107 of this article are
prohibited from making loans to candidates or political committees;
provided, however, that a lobbyist shall not be prohibited from making a
loan to himself or herself or to his or her own political committee when
such lobbyist is a candidate for office.
7. For the purposes of this section, the number of registered or
enrolled voters shall be determined as of the date of the general,
special or primary election, as the case may be or as of the date of the
general election in any of the preceding four years, whichever date
shall result in the greatest number and candidates running jointly for
the offices of governor and lieutenant governor in a general or special
election shall be deemed to be one candidate.
8. Except as may otherwise be provided for a candidate and his family,
no person may contribute, loan or guarantee in excess of one hundred
fifty thousand dollars within the state in connection with the
nomination or election of persons to state and local public offices and
party positions within the state of New York in any one calendar year.
For the purposes of this subdivision "loan" or "guarantee" shall mean a
loan or guarantee which is not repaid or discharged in the calendar year
in which it is made.
10. a. No contributor may make a contribution to a party or
constituted committee and no such committee may accept a contribution
from any contributor which, in the aggregate, is greater than sixty-two
thousand five hundred dollars per annum.
b. 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 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.
11. A board of elections, as defined in subdivision twenty-six of
section 1-104 of this chapter, shall calculate and publish on its
website, on or before the fifteenth day of April, all contribution
limits established pursuant to this section for the county, town, city
and village offices on the ballot in that year, and within the same time
period provide such calculated contribution limits to the state board of
elections in the format required by such board.
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
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 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 nomination or election of a candidate participating in the
state's public campaign financing system pursuant to title two of this
article, no such candidate or political committee may accept any
contribution from any contributor, which is in the aggregate amount
greater than: (i) 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; and (ii) in the case of a
nomination or election for 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 such candidate's child,
parent, grandparent, brother and sister, and the spouse of any such
persons, shall not exceed in the case of any nomination for state
senator or member of the assembly an amount equivalent to the number of
enrolled voters in the candidate's party in the district in which he or
she is a candidate, excluding voters in inactive status, multiplied by
$.25 and in the case of any election for state senator or member of the
assembly, an amount equivalent to the number of registered voters in the
district, excluding voters in inactive status, multiplied by $.25;
provided, however, 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
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
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.
d. In any nomination or election of a candidate who is not a
participating candidate for state senator, ten thousand dollars, divided
equally among the primary and general election in an election cycle; in
the case of a nomination or election for member of the assembly, six
thousand dollars, divided equally among the primary and general election
in an election cycle.
e. 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
candidate's party in the district in which he or she 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 f 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 f 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 or
she 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, but in no event shall any such maximum
exceed one hundred thousand dollars.
f. (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
participate in the public finance program established pursuant to title
two of this article.
g. 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
committee.
2. For purposes of this section, contributions other than of money
shall be evaluated at their fair market value. The state board of
elections shall promulgate regulations, consistent with law, governing
the manner of computing fair market value.
3. As used in this section the term "contributor" shall not include a
party committee supporting the candidate of such party or a constituted
committee supporting the candidate of such party.
4. For purposes of this section, a portion of every contribution to a
party committee, expended as other than non-candidate expenditures, and
a portion of every contribution to a political committee authorized to
support more than one candidate, shall be deemed contributed to every
candidate supported by such committee. That portion shall be determined
by allocating the contributions received by the committee among all the
candidates supported by the committee in accordance with any formula
based upon reasonable standards established by the committee. The
statements filed by such committee in accordance with this article shall
set forth, in addition to the other information required to be set
forth, the total amount received by the committee from each contributor
on behalf of all such candidates and the amount of each such
contribution allocated to each candidate by dollar amount and
percentage. Nothing in this subdivision shall require allocating
contributions expended on non-candidate expenditures to candidates.
5. No constituted committee may expend, in any twelve month period
terminating on the day of a general election, other than as
non-candidate expenditures, any portion of any individual contribution
which exceeds, in the case of a state committee, one-half of one cent
for each registered voter in the state, or, in the case of any other
constituted committee, the greater of one cent for each registered voter
in the district in which the committee is organized or five hundred
dollars. The number of such voters shall be determined as of the date of
such general election or as of the date of the general election in
whichever of the preceding four years shall result in the greatest
number.
6. a. A loan made to a candidate or political committee, other than a
constituted committee, by any person, firm, association or corporation
other than in the regular course of the lender's business shall be
deemed, to the extent not repaid by the date of the primary, general or
special election, as the case may be, a contribution by such person,
firm, association or corporation.
b. A loan made to a candidate or political committee, other than a
constituted committee, by any person, firm, association or corporation
in the regular course of the lender's business shall be deemed, to the
extent not repaid by the date of the primary, general or special
election, as the case may be, a contribution by the obligor on the loan
and by any other person endorsing, cosigning, guaranteeing,
collateralizing or otherwise providing security for the loan.
c. Lobbyists, as defined by subdivision (a) of section one-c of the
legislative law or by subdivision (a) of section 3-211 of the
administrative code of the city of New York, political action
committees, labor unions, and any person who has registered with the
state board of elections as an independent expenditure committee
pursuant to subdivision three of section 14-107 of this article are
prohibited from making loans to candidates or political committees;
provided, however, that a lobbyist shall not be prohibited from making a
loan to himself or herself or to his or her own political committee when
such lobbyist is a candidate for office.
7. For the purposes of this section, the number of registered or
enrolled voters shall be determined as of the date of the general,
special or primary election, as the case may be or as of the date of the
general election in any of the preceding four years, whichever date
shall result in the greatest number and candidates running jointly for
the offices of governor and lieutenant governor in a general or special
election shall be deemed to be one candidate.
8. Except as may otherwise be provided for a candidate and his family,
no person may contribute, loan or guarantee in excess of one hundred
fifty thousand dollars within the state in connection with the
nomination or election of persons to state and local public offices and
party positions within the state of New York in any one calendar year.
For the purposes of this subdivision "loan" or "guarantee" shall mean a
loan or guarantee which is not repaid or discharged in the calendar year
in which it is made.
10. a. No contributor may make a contribution to a party or
constituted committee and no such committee may accept a contribution
from any contributor which, in the aggregate, is greater than sixty-two
thousand five hundred dollars per annum.
b. 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 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.
11. A board of elections, as defined in subdivision twenty-six of
section 1-104 of this chapter, shall calculate and publish on its
website, on or before the fifteenth day of April, all contribution
limits established pursuant to this section for the county, town, city
and village offices on the ballot in that year, and within the same time
period provide such calculated contribution limits to the state board of
elections in the format required by such board.