•  Summary 
  •  
  •  Actions 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 

A04116 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4116
 
SPONSOR: Ortiz (MS)
  TITLE OF BILL: An act to amend the election law, the tax law and the legislative law, in relation to providing for a program for clean election campaign financing and to repeal certain provisions of the election law relating to the state board of elections   PURPOSE OR GENERAL IDEA OF BILL: The bill establishes a system under which candidates for governor, attorney general, comptroller, state senate, member of assembly or district attorney, who collect a set amount of small dollar contrib- utions, will receive a fixed and equal amount of public financing for their political campaigns.   SUMMARY OF SPECIFIC PROVISIONS: Adds a new article 14-A the Election Law, entitled "Clean Election Campaign Financing. Under this system of campaign finance, a candidate for nomination for election, or for election, to the offices of gover- nor, attorney general, comptroller, state senate, member of assembly or district attorney may voluntarily choose to participate and be certified as a participating candidate after a qualifying process. Candidates qualify for matching funds by collecting a set amount of $5 contributions from registered voters in the candidate's election district. Candidates for statewide office must collect a set amount of $5 contributions from voters in a majority of congressional districts. In order to receive public funding for their political campaigns equal to the spending limit in the campaign, candidates must (1) meet the qualifying contributions threshold, (2) agree not to collect any other campaign contributions and (3) abide by spending limits, and (4) agree to participate in a set number of debates. Candidates may collect a limited number of contributions of up to $100 for "seen money" expenses related to exploring the possibility of running for office prior to and during the qualifying period. When a qualifying candidate is opposed by a non-participating candidate who exceeds the spending limits, or is opposed by independent expendi- tures that exceed the spending limit, additional public funds will be provided to the qualifying candidate. Issue advocacy ads that are designed to influence a campaign and are run within 60 days before an election are considered independent expenditures. The total amount of public funds available for candidates in a four-year election cycle is limited to one-tenth of one percent of appropriations made by law during that same period. A "Clean Elections Campaign Finance Fund" is established by adding a new Tax Law 626-a, which will consist of funds voluntarily contributed by taxpayers, from an increase of the fees paid by registered lobbyists, fines and penalties from violations of the election law, and by other general state appropriations to the extent necessary. The bill also requires more frequent reporting of campaign contributions to the Board of Elections and requires reporting of the occupation and employer of individual contributors. The bill repeals current Election Law 3-100 and replaces it with a new 3-100, which establishes a State board of elections with five members, appointed by the Governor, the Temporary President of the Senate, the Minority Leader of the Senate, the Speaker of the Assembly and the Minority Leader of the Assembly. In addition to the responsibilities of the current state board of elections, the newly created state board of elections shall be responsi- ble for administering the voluntary system of public financing estab- lished in Election Law Article 14-A.   JUSTIFICATION: The issue of campaign financing has become increasingly important. The current system of privately financed campaigns diminishes the meaning of the right to vote by allowing large contributions to have a damaging influence on the political process. As the U.S. Supreme Court found in Buckley v. Valeo, states have a compelling interest "to reduce the dele- terious effect of large contributions on our political process." The current system also violates the rights of all citizens to equal and meaningful participation in the democratic or political process. It diminishes the free-speech rights of non-wealthy voters and candidates, whose voices are muffled by those who can afford to monopolize political communications. Additionally, the current system fuels the public perception of conflicts of interest and the domination of special money interests. That perception undermines the electorate's confidence in the democratic process and gives rise to citizen apathy and cynicism. It also tends to make it very difficult for qualified candidates without access to large contributors or personal fortunes to mount competitive campaigns. Because it places challengers at a distinct advantage, the system inhibits the free exchange of ideas and communication with the electorate. Providing a voluntary Clean Money Clean Elections campaign finance system would enhance democracy. It would help eliminate the deleterious influence of large contributions on the political process, remove access to wealth as a major determinant of a citizen's influence within the political process, and restore the meaning of the principle of "one person, one vote." It would also help restore the rights of all citizens to equal and meaningful participation in the democratic process. Insti- tuting a public financing program would restore the free-speech rights of non-wealthy candidates and voters by providing candidates with resources with which to communicate ideas with the electorate. Such a system would thus help restore the First Amendment rights of the elec- torate and candidates to be heard in the political process. It would help restore the core First Amendment value of open and robust debate in the political process. Additionally, a Clean Money Clean Elections system would give regular people an opportunity at winning office. It would also diminish the electorate's perception of domination of special interests and strength- en the public's confidence in the democratic process and institutions. By providing for a Clean Money Clean Elections system, this act also addresses the genuine concern about the amount of time and effort that a candidate must devote to raising campaign funds. Clean Money Clean Elections is a national movement aimed at ending the campaign finance scandals that make dollars more important than votes.   PRIOR LEGISLATIVE HISTORY: 1997/98 - A.10798 (S.7437) - Referred to Election Law 1999/00 - A.8937 (S.6012) - Referred to Election Law 2001/02 - A.2630A (S.1638-A) - Held in Election Law 2004 - A3453A (S.3440A) - Held in Election Law 2005-06 - A5506 - Held in Election Law 2007/08 - A6406 - Referred to Election law 2009/10 - A6504 - Ref to Election law 2011/12 - A1267 - Held in Election Law   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided however that the amendments to subdivision (e) of section 1-e of the legislative law made by section four of this act, shall not affect the repeal of such section and shall be deemed repealed therewith.
Go to top