Bill Text: NY A00083 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the Bloomberg waiver for candidates in compliance with NYC's campaign finance board regulations regarding a voluntary personal spending limit; failure to set a voluntary limit waives the existing limitations on an opposing publicly funded candidate.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to election law [A00083 Detail]

Download: New_York-2019-A00083-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           83
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by M. of A. PERRY -- read once and referred to the Committee
          on Election Law
        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation  to  fair  competition  for  publicly  financed candidates by
          establishing the Bloomberg waiver
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.    Subparagraph (iii) of paragraph (a) of subdivision 1 of
     2  section 3-718 of the administrative code of the city  of  New  York,  as
     3  separately  added  by local law numbers 58, 59 and 60 of the city of New
     4  York for the year 2004, is amended to read as follows:
     5    (iii) (A) file  a  written  certification  in  such  form  as  may  be
     6  prescribed  by  the  campaign finance board, which sets forth his or her
     7  acceptance of and agreement to comply with the terms and  conditions  of
     8  this  section and the rules promulgated hereby, which includes an affir-
     9  mation that the candidate has a sufficient amount of personal  funds  to
    10  fund his or her campaign; [and]
    11    (B)  that the campaign finance board shall propose to such candidate a
    12  voluntary personal funds spending limit of not  more  than  one  hundred
    13  twenty-five percent of such campaign finance board's recommended expend-
    14  iture  limit of the elected office contested; provided, however, that if
    15  such limit is declined by such candidate,  a  Bloomberg  waiver  of  the
    16  existing limitations on an opposing, publicly funded candidate's ability
    17  to raise and expend private funds may be granted by the campaign finance
    18  board upon application, in a manner determined by such board, and upon a
    19  showing  of  substantial  financial  disadvantage  demonstrated  by  the
    20  disparity in personal funds available; provided, however, that once such
    21  waiver is granted,  the  financially  disadvantaged  candidate  may  not
    22  expend a greater amount than the amount expended by the personally fund-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02622-01-9

        A. 83                               2
     1  ed opponent as reported to the state board of elections; except that the
     2  limitations on matching funds shall not be modified; and
     3    (C) the deadline for filing such certification for a primary, general,
     4  or  special  election  shall  be  the  deadline  date for filing written
     5  certifications pursuant to paragraph (c) of subdivision one  of  section
     6  [3-703(1)(c)]  3-703  by  candidates  seeking nomination for election or
     7  election to the same office in the  same  calendar  year  as  candidates
     8  seeking  to  file a certification pursuant to this subparagraph, and the
     9  provisions of  paragraph  (c)  of  subdivision  one  of  [such]  section
    10  [3-703(1)(c)]  3-703  relating  to  the  occurrence of an "extraordinary
    11  circumstance" shall apply to limited participating candidates; and
    12    § 2. This act shall take effect on the first of January next  succeed-
    13  ing  the  date  on  which  it shall have become a law and shall apply to
    14  elections occurring on or after such effective date.
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