Bill Text: NY S00174 | 2013-2014 | General Assembly | Amended


Bill Title: Reduces campaign contributions limits for candidates for election to public office or party position.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-28 - PRINT NUMBER 174A [S00174 Detail]

Download: New_York-2013-S00174-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        174--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Elections  --  recommitted
         to the Committee on Elections in accordance with Senate Rule 6, sec. 8
         --  committee  discharged,  bill amended, ordered reprinted as amended
         and recommitted to said committee
       AN ACT to amend the election law, in relation to decreasing contribution
         limitations; and to repeal subdivision 3 of section 14-124 of such law
         relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    Subdivision 1 of section 14-114 of the election law, as
    2  amended by chapter 79 of the laws of 1992, paragraphs a and b as amended
    3  by chapter 659 of the laws of 1994, is amended to read as follows:
    4    1. The following limitations apply to all contributions to  candidates
    5  for election to any public office or for nomination for any such office,
    6  or  for  election  to  any  party positions, and to all contributions to
    7  political committees working directly or indirectly with  any  candidate
    8  to  aid or participate in such candidate's nomination or election, other
    9  than any contributions to any party committee or constituted committee:
   10    a. In any election for a public office to be voted on by the voters of
   11  the entire state, or for nomination to any such office,  no  contributor
   12  may  make a contribution to any candidate or political committee, and no
   13  candidate or political committee may accept any  contribution  from  any
   14  contributor,  which is in the aggregate amount greater than:  (i) in the
   15  case of any nomination to public office, the product of the total number
   16  of enrolled voters in the candidate's  party  in  the  state,  excluding
   17  voters in inactive status, multiplied by $.005, but such amount shall be
   18  not less than four thousand dollars nor more than [twelve] FIVE thousand
   19  dollars  as  increased  or  decreased  by  the cost of living adjustment
   20  described in paragraph c of this subdivision, and (ii) in  the  case  of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00283-02-4
       S. 174--A                           2
    1  any  election to a public office, [twenty-five] FIVE thousand dollars as
    2  increased or decreased by the cost of  living  adjustment  described  in
    3  paragraph  c  of  this  subdivision[; provided however, that the maximum
    4  amount  which  may be so contributed or accepted, in the aggregate, from
    5  any candidate's child, parent, grandparent, brother and sister, and  the
    6  spouse  of  any  such persons, shall not exceed in the case of any nomi-
    7  nation to public office an amount  equivalent  to  the  product  of  the
    8  number of enrolled voters in the candidate's party in the state, exclud-
    9  ing  voters  in inactive status, multiplied by $.025, and in the case of
   10  any election for a public office, an amount equivalent to the product of
   11  the number of registered voters in the state excluding voters  in  inac-
   12  tive status, multiplied by $.025].
   13    b.  In  any  other  election  for  party position or for election to a
   14  public office or for nomination for any such office, no contributor  may
   15  make  a  contribution  to  any  candidate  or political committee and no
   16  candidate or political committee may accept any  contribution  from  any
   17  contributor,  which  is in the aggregate amount greater than: (i) in the
   18  case of any election for party position, or  for  nomination  to  public
   19  office, the product of the total number of enrolled voters in the candi-
   20  date's  party  in  the  district  in  which he is a candidate, excluding
   21  voters in inactive status, multiplied by $.05, and (ii) in the  case  of
   22  any  election  for  a  public office, the product of the total number of
   23  registered voters in the district, excluding voters in inactive  status,
   24  multiplied  by  $.05[,];  BUT  IN NO EVENT SHALL ANY SUCH MAXIMUM EXCEED
   25  THREE THOUSAND DOLLARS OR BE LESS THAN ONE THOUSAND DOLLARS; however  in
   26  the case of a nomination OR ELECTION within the city of New York for the
   27  office of mayor, public advocate [or], comptroller, BOROUGH PRESIDENT OR
   28  MEMBER  OF  THE  CITY  COUNCIL, such amount shall be [not less than four
   29  thousand dollars nor more than twelve thousand dollars as  increased  or
   30  decreased  by  the cost of living adjustment described in paragraph c of
   31  this subdivision; in the case of an election within the city of New York
   32  for the office of mayor, public  advocate  or  comptroller,  twenty-five
   33  thousand dollars as increased or decreased by the cost of living adjust-
   34  ment described in paragraph c of this subdivision] EQUAL TO THE CONTRIB-
   35  UTION  LIMITS  SET  FORTH IN PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION
   36  3-703 OF THE ADMINISTRATIVE CODE OF  THE  CITY  OF  NEW  YORK;  PROVIDED
   37  HOWEVER  in  the  case  of  a  nomination OR ELECTION for state senator,
   38  [four] TWO thousand FOUR HUNDRED dollars as increased  or  decreased  by
   39  the  cost of living adjustment described in paragraph c of this subdivi-
   40  sion; [in the case of an election for state senator,  six  thousand  two
   41  hundred  fifty  dollars  as increased or decreased by the cost of living
   42  adjustment described in paragraph c of this subdivision;] in the case of
   43  [an election or] A nomination OR ELECTION for a member of the  assembly,
   44  [twenty-five  hundred] TWO THOUSAND FOUR HUNDRED dollars as increased or
   45  decreased by the cost of living adjustment described in paragraph  c  of
   46  this  subdivision[;  but in no event shall any such maximum exceed fifty
   47  thousand dollars or be less than one thousand dollars; provided however,
   48  that the maximum amount which may be so contributed or accepted, in  the
   49  aggregate,  from any candidate's child, parent, grandparent, brother and
   50  sister, and the spouse of any such persons, shall not exceed in the case
   51  of any election for party position or nomination for  public  office  an
   52  amount  equivalent  to  the number of enrolled voters in the candidate's
   53  party in the district in which he is a candidate,  excluding  voters  in
   54  inactive  status,  multiplied by $.25 and in the case of any election to
   55  public office, an amount equivalent to the number of  registered  voters
   56  in  the  district,  excluding  voters  in inactive status, multiplied by
       S. 174--A                           3
    1  $.25; or twelve hundred fifty dollars, whichever is greater, or  in  the
    2  case  of  a  nomination  or election of a state senator, twenty thousand
    3  dollars, whichever is greater,  or  in  the  case  of  a  nomination  or
    4  election  of  a  member  of  the  assembly  twelve thousand five hundred
    5  dollars, whichever is greater, but in no event shall  any  such  maximum
    6  exceed one hundred thousand dollars].
    7    c. At the beginning of each fourth calendar year, commencing in [nine-
    8  teen  hundred  ninety-five] TWO THOUSAND FOURTEEN, the state board shall
    9  determine the percentage of the  difference  between  the  [most  recent
   10  available   monthly]  consumer  price  index  for  all  urban  consumers
   11  published by the United States  bureau  of  labor  statistics  and  such
   12  consumer price index published for the same month four years previously.
   13  The amount of each contribution limit fixed in this subdivision shall be
   14  adjusted  by the amount of such percentage difference to the closest one
   15  hundred dollars by the state board which, not later than the  first  day
   16  of  February  in each such year, shall issue a regulation publishing the
   17  amount of each such contribution limit. Each contribution  limit  as  so
   18  adjusted shall be the contribution limit in effect for any election held
   19  before the next such adjustment.
   20    S  2.  Subdivision 8 of section 14-114 of the election law, as amended
   21  by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
   22  laws of 1978, is amended to read as follows:
   23    8. A. Except as may otherwise be provided [for] BY  a  candidate  [and
   24  his  family] FOR HIS OR HER OWN CAMPAIGN, no NATURAL person may contrib-
   25  ute, loan or guarantee in excess  of  [one  hundred  fifty]  TWENTY-FIVE
   26  thousand  dollars  within  the state OF NEW YORK IN ANY CALENDAR YEAR in
   27  connection with the nomination or election of  [persons  to]  CANDIDATES
   28  FOR state [and] OR local public offices [and] OR party positions [within
   29  the state of New York in any one calendar year].
   30    B.  For  the  purposes of this subdivision "loan" or "guarantee" shall
   31  mean a loan or guarantee which is not repaid or discharged in the calen-
   32  dar year in which it is made.
   33    S 3. Subdivision 10 of section 14-114 of the election law, as added by
   34  chapter 79 of the laws of 1992, is amended to read as follows:
   35    10. a. No contributor may make a contribution to a  party  or  consti-
   36  tuted committee and no such committee may accept a contribution from any
   37  contributor  which,  in the aggregate, is greater than [sixty-two] TWEN-
   38  TY-FIVE thousand [five hundred] dollars per annum.
   39    b. At the beginning of each fourth calendar year, commencing in [nine-
   40  teen hundred ninety-five] TWO THOUSAND FIFTEEN, the  state  board  shall
   41  determine  the  percentage  of  the  difference  between the most recent
   42  available monthly consumer price index for all urban consumers published
   43  by the United States bureau of labor statistics and such consumer  price
   44  index  published for the same month four years previously. The amount of
   45  such contribution limit fixed in paragraph a of this  subdivision  shall
   46  be  adjusted  by the amount of such percentage difference to the closest
   47  one hundred dollars by the state board which, not later than  the  first
   48  day  of  February in each such year, shall issue a regulation publishing
   49  the amount of such contribution limit. Such  contribution  limit  as  so
   50  adjusted shall be the contribution limit in effect for any election held
   51  before the next such adjustment.
   52    S 4. Subdivision 3 of section 14-124 of the election law is REPEALED.
   53    S 5. This act shall take effect on the one hundred eightieth day after
   54  it  shall  have  become  a  law;  provided,  that  contributions legally
   55  received prior to the effective date of this act  may  be  retained  and
   56  expended  for  lawful  purposes  and  shall  not provide the basis for a
       S. 174--A                           4
    1  violation of article 14 of the election law, as amended by this act; and
    2  provided, further, that the state board of elections  shall  notify  all
    3  candidates and political committees of the applicable provisions of this
    4  act within thirty days after this act shall have become a law.
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