A06687 Summary:

BILL NOA06687
 
SAME ASNo Same As
 
SPONSORPerry
 
COSPNSR
 
MLTSPNSR
 
Amd S3-718, 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.
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A06687 Actions:

BILL NOA06687
 
03/30/2015referred to election law
01/06/2016referred to election law
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A06687 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6687
 
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 OR GENERAL IDEA OF BILL: 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 exponential spending capabilities.   SUMMARY OF SPECIFIC PROVISIONS: The Administrative Code of the City of New York § 3-718.1(a) (iii) is amended to provide that the CFB shall propose, to a privately funded candidate, 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 limitations shall not be modified.   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 and 2005 NYC mayoral elections are clear examples 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: 2013-2014 A4052 2011-2012 A.3170 2009-2010 A.3556 2007-2008 A.5718 2005-2006 A.10398   FISCAL IMPLICATIONS:   EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law and shall apply to elections occurring on or after such effective date.
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A06687 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6687
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 30, 2015
                                       ___________
 
        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.
                                                                   LBD03458-01-5

        A. 6687                             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.
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