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A08902 Summary:BILL NO A08902
SAME AS No same as
SPONSOR Silver (MS)
COSPNSR Millman, Carrozza, Wright, Weinstein, Gottfried, Espaillat,
Peoples-Stokes
MLTSPNSR Alessi, Benedetto, Bing, Boyland, Brennan, Brodsky, Cahill,
Canestrari, Christensen, Clark, Colton, Cook, DelMonte, Dinowitz,
Englebright, Fields, Galef, Gantt, Gianaris, Glick, Gordon, Gunther,
Hooper, Hoyt, Jacobs, John, Koon, Lancman, Latimer, Lavine, Lentol,
Lifton, Lupardo, McEneny, Morelle, Nolan, O'Donnell, Ortiz, Paulin,
Peralta, Perry, Pheffer, Pretlow, Reilly, Rivera P, Rosenthal,
Scarborough, Sweeney, Weisenberg
Amd Art 14, El L; add S92-t, St Fin L; amd S658, Tax L
Enacts the "2010 campaign finance reform act"; relates to providing for
optional partial public financing of certain election campaigns in this state;
relates to identification of the source of certain political communications.
A08902 Actions:BILL NO A08902
06/13/2009 referred to election law
06/16/2009 reported referred to codes
06/16/2009 reference changed to ways and means
06/16/2009 reported referred to rules
06/16/2009 reported
06/16/2009 rules report cal.394
06/16/2009 ordered to third reading rules cal.394
06/16/2009 passed assembly
06/16/2009 delivered to senate
06/18/2009 REFERRED TO RULES
01/06/2010 DIED IN SENATE
01/06/2010 RETURNED TO ASSEMBLY
01/06/2010 ordered to third reading cal.631
01/20/2010 committed to election law
A08902 Votes:BILL: A08902 DATE: 06/16/2009 MOTION: YEA/NAY: 097/051
Abbate Y Cahill Y Englebr Y Hooper Y Maisel Y Powell Y Skartad Y
Alessi Y Calhoun NO Errigo NO Hoyt Y Markey Y Pretlow Y Spano Y
Alfano Y Camara Y Espaill Y Hyer-Sp Y Mayerso Y Quinn NO Stirpe NO
Amedore NO Canestr Y Farrell Y Jacobs Y McDonou NO Rabbitt NO Sweeney Y
Arroyo Y Carrozz ER Fields Y Jaffee Y McEneny Y Raia NO Tedisco NO
Aubry Y Castro NO Finch NO Jeffrie Y McKevit NO Ramos NO Thiele Y
Bacalle NO Christe NO Fitzpat NO John Y Meng Y Reilich NO Titone Y
Ball NO Clark Y Gabrysz NO Jordan NO Miller NO Reilly Y Titus Y
Barclay NO Colton Y Galef Y Kavanag Y Millman Y Rive J Y Tobacco NO
Barra NO Conte NO Gantt Y Kellner Y Molinar NO Rive N Y Towns Y
Barron ER Cook Y Gianari Y Kolb NO Morelle Y Rive PM Y Townsen NO
Benedet Y Corwin NO Gibson Y Koon Y Nolan Y Robinso Y Walker NO
Benjami Y Crespo Y Giglio NO Lancman Y Oaks NO Rosenth Y Weinste Y
Bing Y Crouch NO Glick Y Latimer Y O'Donne Y Russell Y Weisenb Y
Boyland Y Cusick NO Gordon Y Lavine Y O'Mara NO Saladin NO Weprin Y
Boyle NO Cymbrow Y Gottfri Y Lentol Y Ortiz Y Sayward NO Wright Y
Bradley Y DelMont Y Gunther Y Lifton Y Parment NO Scarbor Y Zebrows Y
Brennan Y DenDekk Y Hawley NO Lope PD NO Paulin Y Schimel Y Mr Spkr Y
Brodsky Y Destito NO Hayes NO Lope VJ Y Peoples Y Schimmi Y
Brook-K Y Dinowit Y Heastie Y Lupardo Y Peralta Y Schroed NO
Burling NO Duprey NO Hevesi Y Magee NO Perry Y Scozzaf NO
Butler NO Eddingt NO Hikind Y Magnare NO Pheffer Y Seminer Y
A08902 Memo:BILL NUMBER:A8902 REVISED 6/17/09
TITLE OF BILL: An act to amend the election law, in relation to
enacting the "2010 Campaign Finance Reform Act"; to amend the election
law, the state finance law and the tax law, in relation to providing
for optional partial public financing of certain election campaigns in
this state; and to amend the election law, in relation to
identification of the source of certain political communications
SUBJECT AND PURPOSE: To provide optional public financing of
campaigns for statewide offices, state legislative offices and
constitutional convention delegates
SUMMARY AND DESCRIPTION OF PROVISIONS: The bill amends Article 14 of
the election law to designate the existing law Title I and adds an
identification requirement for independent political communications, a
filing requirement for :ndependent expenditures and a requirement that
certain candidates disclose their intent to spend personal funds in a
campaign.
It also adds a new Title II to Article 14 to provide for public
financing of primary and general election campaigns for statewide
office, primary, general and special election campaigns for state
legislative office and primary and general election campaigns for
constitutional convention delegates.
TITLE I PROVISIONS
Identification of Independent Political Communications: The bill
requires all independent political communications that expressly
advocate for the election or defeat of a clearly identifies.'.
candidate or the success or defeat of a ballot proposal and cost more
than $:.000 to identify the source of the funding for such
communication
Independent Expenditures: The bill requires reporting of independent
expenditures that cost more than $1000 and expressly advocates for the
election or defeat of a clearly identified candidate or the success or
defeat of a ballot proposal. Independent expenditures that occur after
the last filing before an election must be reported within 24 hours.
Disclosure of the Intent to Use Personal Funds: Within 3 days of the
last day to file designating petitions, all candidates for statewide
office, state legislative office or constitutional convention delegate
must file a statement with the state board of elections disclosing
whether the candidate has or will contribute personal funds to his or
her committee and estimating the amount of such funds.
TITLE II PROVISIONS
Criteria for Participation:
To be eligible for public financing, a candidate for nomination or
election to a statewide office, state legislative office or as a
constitutional convention delegate must satisfy the legal requirements
for having his or her name on the ballot, elect to participate in the
public financing system, meet the threshold for eligibility and agree
to file required statements, authorize a single participating
committee;: and identify the source of all campaign material.
Eligibility Threshold:
Governor: Must collect not less than $900,000 from at least 9,000
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York state.
Lt. Governor (primary only), Attorney Gen, & Comptroller: Must collect
not less than $300,000 from at least 3,000 matchable contributions
made up of sums of up to $250 per individual contributor who resides
in New York state.
Senate: Must collect not less than $25,000 from at least 250 matchable
contributions made up of sums of up to 5250 per individual contributor
who resides in New York state including at least $12,500 from at least
125 individual contributors who reside in the senate district in which
the seat is to be filled.
Assembly: Must collect not less than $10,300 from at least 100
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York state including at least $5,000
from at least 50 individual contributors who reside in the assembly
district in which the seat is to be filled.
At-large Delegate to a Constitutional Convention: Must collect not
less than $25,000 from at least 250 matchable contributions made up of
sums of up to $250 per individual contributor who resides in New York
state.
District Delegate to a Constitutional Convention: Must collect not
less than $5,000 from at least 50 matchable contributions made up of
sums of up to $250 per individual contributor who resides in the
district in which the seat is to be filled.
Matchable Contributions: May be collected after January first of the
year of the primary or general election. For a special election, may
be collected up to six months before the election. Consist of the net
amount of contributions after deduction of the value of any food,
drink or entertainment provided in exchange for the contribution. Only
contributions from persons who reside in New York State are matchable.
The Match: Eligible contributions up to $:,50 are matched at the rate
of $4 for every $1.
Triggers: If, however, a candidate who dots not elect to receive
public funds raises, spends or contributes his or her own personal
funds in an amount greater than the expenditure limit established for
such office for candidates participating in the public financing
system, an additional grant of public funds is given to the
participating candidate.
Grants: A participating candidate may receive up to four grants
equaling 25% of the amount of public funds previously received by the
candidate as a match for matchable contributions obtained and reported
to the state board of elections. Each of the grants is added to the
original expenditure limit, effectively creating a new TRIGGER for the
next grant when the nonparticipating candidate raises, spends or
contributes his or her own personal funds in an amount greater than
the new expenditure limit.
Misc. Rules:
To receive public funds for a primary election, a participating
candidate must agree to receive public funding for the general
election.
Participating candidates who are unopposed in a primary election may
not receive public funds. Participating candidates whose opponents
don't raise or spend 10% of the expenditure limit are deemed
unopposed. Participating candidates that are unopposed may raise
private funds of up to 50% of the expenditure limit if there is a
contest in the primary for at least one other party for such office.
Such funds may only be raised with contributions of up to $2000 per
contributor.
Candidates who are challenged in a primary and who do not seek public
funds are not eligible for public funds for the general election.
Candidates who are unopposed in a general or special election may not
receive public funds.
Permissible and Prohibited Uses of Public :Funds: Public funds may be
used only for qualified campaign expenditures during the year of the
primary or general election. For a special election, such funds may
only be used in the 3 months prior to the election. They may not be
used for expenditures in violation of law, for payments to a candidate
or to a relative of the candidate (or to any business entity of which
such a person is an officer or employee or has a ten percent or
greater ownership interest), for payments in excess of fair market
value, for any expenditure after the candidate or the candidate's only
remaining opponent has been disqualified (until and unless reversed),
to challenge an opponent's petitions or certificates, for non-campaign
related food, drink or entertainment, or for gifts (except brochures,
buttons, signs and other campaign material).
Contribution Limit:
All candidates who choose to participate Ln the public financing
system have a contribution limit of $2,000 per contributor.
Expenditure Limits: The following expenditure limits apply to all
candidates who participate in the public financing system:
General Election Primary
Governor $12,000,000 $1.1 per
enrolled voter or
$600,000, whichever
is more, but not to
exceed $6,000,000
Lt. Governor --- $1.1 per
enrolled voter or
$300,000, whichever
is more, but not to
exceed $3,000,000
Attorney General & $6,000,000 Same as Lt. Governor
Comptroller
State Senator $350,000 $2.50 per enrolled
voter or $35,000,
whichever is more,
but not to exceed
$350,000
Member of Assembly $150,000 $2.50 per enrolled
voter or $15,000,
whichever is more,
but not to exceed
$150,000
At-Large Delegate $350,000 $.15 per enrolled
voter or $75,000,
whichever is more,
but not to exceed
$175,000
District Delegate $75,000 $1.10 per enrolled
voter in the
district or $5,000,
whichever is more,
but not to exceed
$50,000
Party Expenditures in Support of Participating Candidates:
Notwithstanding the expenditure limits for participating candidates,
state party committees may make the following expenditures for
services to participating candidates:
Gov. and Lt. Gov. $2,500,000
Att. Gen or Comp. $1,000,000
Senate $100,000
State Assembly $50,000
At-large Delegate $50,000
District Delegate $10,000
* Transfers to a participating candidate tray constitute up to 25% of
such party expenditures.
Tax Check-off: The bill provides an income tax check-off of $5. Such
monies would be paid into a separate fund, known as the New York State
Campaign Finance Fund. The taxpayers' tax Liability would not be
affected by making this designation. If the state campaign finance
fund lacks the money to pay all properly certified claims, the
deficiency will be paid from the general fund.
Penalties:
TITLE: I
The knowing and willful failure to identify the source of campaign
communications will subject the candidate to a civil fine equal to
$1000 or the cost of the communication, whichever is greater.
A failure to file the statements required for an independent
expenditure shall subject the person or entity to a cavil fine of
$500.
A knowing and willful failure to file the statement required regarding
the use of personal funds in a campaign shall subject the candidate to
a civil fine of up to $5000.
TITLE II
The failure to make proper campaign finance filings, as required by
Title II and rules and regulations promulgated thereunder, shall
subject the offender to a civil penalty of up to $5000.
If a participating candidate's aggregate Expenditures exceed the
expenditure limitations, the candidate is liable for a civil penalty
in an amount equal to three times the amount of the excess.
LEGISLATIVE HISTORY: A11507-a of 2008.
JUSTIFICATION: This public financing bill provides a comprehensive yet
balanced approach to the public financing of political campaigns. It
contains significant but realistic limitations on expenditures and
contribution receipts, a means for recovering public funds when they
are unspent, excessive or used for prohibited purposes, and penalties
for violations of the filing requirements or the expenditure
limitations for participants.
The hybrid "matching plus grant" structure of the program has several
advantages. It will reduce the amount of time a candidate must spend
raising money, leaving more time to address the issues that are
important to the public. The matching component allows for
participation by private citizens throughout the campaign while also
conserving resources by ensuring that only candidates who can show
substantial voter support and face opposition will be eligible to
receive public funds. The grant components containing 4 separate
triggers, allows candidates that are outspent to remain competitive
without giving a participating candidate an unnecessary windfall.
The identification requirement for independent political
communications, the filing requirement for independent expenditures
and the requirement that candidates disclose their intent to spend
personal funds in a campaign provide both participants and
non-participants with information necessary to formulate their
campaign strategy. The opportunity for party committees to make
limited expenditures in support of participating candidates provides
flexibility to both the candidates and the parties.
Overall, the bill strikes a balance that allows challengers and
incumbents to compete fairly while capping the amount of public funds
that will be expended.
FISCAL IMPLICATIONS: There will be no cost in 2009. In 2010, there
could be costs associated with participating candidates seeking
election to the office of state comptroller. There would be no cost in
2011, 2012 and 2013. In 2014, there could be costs associated with
participating candidates seeking election to a statewide office and
constitutional delegate. There will be no cost in 2015. In 2016, there
could be costs associated with participating candidates seeking
election to state legislative office. There would be no cost in 2017.
In 2018, there could be costs associated with participating candidates
seeking election to a statewide office, state legislative office and
constitutional delegate. Other states that have public financing
systems in place have had very low participation rates at first with
increasing participation in later elections. The long term cost of the
system in New York is unknown.
EFFECTIVE DATE: This act takes effect immediately; provided, however,
that candidates for state comptroller will be eligible to participate
in the public financing system beginning with the 2010 election, all
statewide candidates and constitutional delegates will be eligible to
participate in 2014 and state legislative candidates will be eligible
to participate in 2016.
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