|SAME AS||No Same As|
|Amd §3-718, NYC Ad Cd|
|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.|
|01/09/2017||referred to election law|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A624 SPONSOR: Perry
TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to fair competition for publicly financed candi- dates by establishing the Bloomberg waiver   PURPOSE: Establishes the "Bloomberg Waiver" ("Waiver") to ensure a candidate who complies with New York City Campaign Finance Board ("CFB") laws is not disadvantaged when opposed by a nonparticipating candidate who has expo- nential spending capabilities.   SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill amends subparagraph (iii) of paragraph (a) of subdivision 1 of § 3-718 of the administrative code of the city of New York to provide that the CFB shall propose, to a privately funded candi- date, a voluntary spending limit of not more than 125% of the board's recommended expenditure limit for such elected office and that upon the declination to accept and comply with such spending limit, application for a Waiver may be made by an opposing candidate who has accepted public funding. Such Waiver shall be granted by the CFB upon showing of a substantial financial disadvantage as demonstrated by the disparity in personal funds available. Upon approval, such Waiver shall immediately suspend restrictions on said candidates ability to raise private funds except that such financially disadvantaged candidate shall not expend a greater amount than the personally funded candidate, as reported to the board of elections. Notwithstanding this amendment, matching fund limi- tations shall not be modified. Section two of the bill provides the effective date.   JUSTIFICATION: The Campaign Finance Board exists as a good government policy mechanism to enable candidates who may not have the personal financial capability to run a viable campaign.The requirements of disclosure and restrictions on fundraising and spending are necessary measures to ensure equal and fair access for all candidates who seek elected office. However, where an opposing self-financed candidate declines public financing, is able to spend unlimited personal funds, rejects the CFB spending limits, and expends an amount in excess of such limits the candidate who complies with the CFB requirements is penalized and disadvantaged by the restrictions on fundraising and spending which must be complied with. The 2001, 2005, and 2009 New York City mayoral elections are clear exam- ples of the unfair disadvantages publicly supported candidates face against a wealthy and self-financed candidate. This legislation will correct an unintended consequence of the current CFB requirements.   PRIOR LEGISLATIVE HISTORY: 2015-2016:A.6687 -Referred to Election Law 2013-2014:A.4052 -Referred to Election Law 2011-2012:A.3170 -Referred to Election Law 2009-2010:A.3556 -Referred to Election Law 2007-2008:A.5718 -Referred to Election Law 2005-2006:A.10398- Referred to Election Law   EFFECTIVE DATE: January first next succeeding the date on becoming a law and shall apply to elections occurring on or after such effective date.
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STATE OF NEW YORK ________________________________________________________________________ 624 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ 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- 23 ed opponent as reported to the state board of elections; except that the 24 limitations on matching funds shall not be modified; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06422-01-7A. 624 2 1 (C) the deadline for filing such certification for a primary, general, 2 or special election shall be the deadline date for filing written 3 certifications pursuant to paragraph (c) of subdivision one of section 4 [ 3-703(1)(c)] 3-703 by candidates seeking nomination for election or 5 election to the same office in the same calendar year as candidates 6 seeking to file a certification pursuant to this subparagraph, and the 7 provisions of paragraph (c) of subdivision one of [ such] section 8 [ 3-703(1)(c)] 3-703 relating to the occurrence of an "extraordinary 9 circumstance" shall apply to limited participating candidates; and 10 § 2. This act shall take effect on the first of January next succeed- 11 ing the date on which it shall have become a law and shall apply to 12 elections occurring on or after such effective date.