STATE OF NEW YORK
________________________________________________________________________
4927
2021-2022 Regular Sessions
IN ASSEMBLY
February 9, 2021
___________
Introduced by M. of A. SIMPSON -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law and the legislative law, in relation to
campaign finance reform and legislative leadership position term
limits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The election law is amended by adding a new section 14-115
2 to read as follows:
3 § 14-115. Restrictions on campaign contributions for individuals,
4 businesses or corporations that were awarded contracts with the state or
5 any municipal corporation. 1. Individuals, businesses or corporations
6 that enter into a contract with this state or any municipal corporation
7 shall be prohibited from making any contribution to any state official
8 elected to public office or his or her family, any political committee
9 defined under section 14-100 of this article or any independent expendi-
10 ture as defined under section 14-107 of this article within one year of
11 the contract being awarded to the person, business or corporation.
12 2. Individuals, businesses or corporations that submit a request for
13 proposal with the state or any municipality in regard to a contract
14 shall disclose in the proposal any campaign contributions made in the
15 previous three hundred sixty-five days to any state official elected to
16 public office or his or her family, any political committee or any inde-
17 pendent expenditure and if the individual, business or corporation is
18 awarded the contract, any state official elected to public office or his
19 or her family, any political committee or any independent expenditure
20 that received any campaign contributions from said individual, business
21 or corporation shall refund the individual, business or corporation in
22 full.
23 § 2. The legislative law is amended by adding a new section 5-b to
24 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09048-01-1
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1 § 5-b. Legislative leadership position term limits. No member of the
2 state legislature shall serve as an officer or in a special capacity
3 position, as defined under section five-a of this article, for more than
4 eight years.
5 § 3. Subdivision 1 of section 14-114 of the election law, as amended
6 by chapter 79 of the laws of 1992, paragraphs a and b as amended by
7 chapter 659 of the laws of 1994, is amended to read as follows:
8 1. The following limitations apply to all contributions to candidates
9 for election to any public office or for nomination for any such office,
10 or for election to any party positions, and to all contributions to
11 political committees working directly or indirectly with any candidate
12 to aid or participate in such candidate's nomination or election, other
13 than any contributions to any party committee or constituted committee:
14 a. In any election for a public office to be voted on by the voters of
15 the entire state, or for nomination to any such office, no contributor
16 may make a contribution to any candidate or political committee, and no
17 candidate or political committee may accept any contribution from any
18 contributor, which is in the aggregate amount greater than: (i) in the
19 case of any nomination to public office, the product of the total number
20 of enrolled voters in the candidate's party in the state, excluding
21 voters in inactive status, multiplied by $.005, but such amount shall be
22 not less than four thousand dollars nor more than [twelve] ten thousand
23 dollars as increased or decreased by the cost of living adjustment
24 described in paragraph c of this subdivision, and (ii) in the case of
25 any election to a public office, [twenty-five] ten thousand dollars [as
26 increased or decreased by the cost of living adjustment described in
27 paragraph c of this subdivision; provided however, that the maximum
28 amount which may be so contributed or accepted, in the aggregate, from
29 any candidate's child, parent, grandparent, brother and sister, and the
30 spouse of any such persons, shall not exceed in the case of any nomi-
31 nation to public office an amount equivalent to the product of the
32 number of enrolled voters in the candidate's party in the state, exclud-
33 ing voters in inactive status, multiplied by $.025, and in the case of
34 any election for a public office, an amount equivalent to the product of
35 the number of registered voters in the state excluding voters in inac-
36 tive status, multiplied by $.025].
37 b. In any other election for party position or for election to a
38 public office or for nomination for any such office, no contributor may
39 make a contribution to any candidate or political committee and no
40 candidate or political committee may accept any contribution from any
41 contributor, which is in the aggregate amount greater than[: (i) in the
42 case of any election for party position, or for nomination to public
43 office, the product of the total number of enrolled voters in the candi-
44 date's party in the district in which he is a candidate, excluding
45 voters in inactive status, multiplied by $.05, and (ii) in the case of
46 any election for a public office, the product of the total number of
47 registered voters in the district, excluding voters in inactive status,
48 multiplied by $.05,] ten thousand dollars, however in the case of a
49 nomination within the city of New York for the office of mayor, public
50 advocate or comptroller, such amount shall be not less than four thou-
51 sand dollars nor more than [twelve] ten thousand dollars as increased or
52 decreased by the cost of living adjustment described in paragraph c of
53 this subdivision; in the case of an election within the city of New York
54 for the office of mayor, public advocate or comptroller, [twenty-five]
55 ten thousand dollars as increased or decreased by the cost of living
56 adjustment described in paragraph c of this subdivision; in the case of
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1 a nomination for state senator, four thousand dollars as increased or
2 decreased by the cost of living adjustment described in paragraph c of
3 this subdivision; in the case of an election for state senator, six
4 thousand two hundred fifty dollars as increased or decreased by the cost
5 of living adjustment described in paragraph c of this subdivision; in
6 the case of an election or nomination for a member of the assembly,
7 twenty-five hundred dollars as increased or decreased by the cost of
8 living adjustment described in paragraph c of this subdivision; but in
9 no event shall any such maximum exceed [fifty] ten thousand dollars or
10 be less than one thousand dollars; provided however, that the maximum
11 amount which may be so contributed or accepted, in the aggregate, from
12 any candidate's child, parent, grandparent, brother and sister, and the
13 spouse of any such persons, shall not exceed in the case of any election
14 for party position or nomination for public office an amount equivalent
15 to [the number of enrolled voters in the candidate's party in the
16 district in which he is a candidate, excluding voters in inactive
17 status, multiplied by $.25 and in the case of any election to public
18 office, an amount equivalent to the number of registered voters in the
19 district, excluding voters in inactive status, multiplied by $.25; or]
20 twelve hundred fifty dollars, [whichever is greater,] or in the case of
21 a nomination or election of a state senator, [twenty] ten thousand
22 dollars, [whichever is greater,] or in the case of a nomination or
23 election of a member of the assembly [twelve] ten thousand [five
24 hundred] dollars, [whichever is greater,] but in no event shall any such
25 maximum exceed [one hundred] ten thousand dollars.
26 c. At the beginning of each fourth calendar year, commencing in [nine-
27 teen hundred ninety-five] two thousand twenty, the state board shall
28 determine the percentage of the difference between the most recent
29 available monthly consumer price index for all urban consumers published
30 by the United States bureau of labor statistics and such consumer price
31 index published for the same month four years previously. The amount of
32 each contribution limit fixed in this subdivision shall be adjusted by
33 the amount of such percentage difference to the closest one hundred
34 dollars by the state board which, not later than the first day of Febru-
35 ary in each such year, shall issue a regulation publishing the amount of
36 each such contribution limit. Each contribution limit as so adjusted
37 shall be the contribution limit in effect for any election held before
38 the next such adjustment.
39 § 4. Subdivision 1 of section 14-114 of the election law, as amended
40 by section 3 of part ZZZ of chapter 58 of the laws of 2020, is amended
41 to read as follows:
42 1. The following limitations apply to all contributions to candidates
43 for election to any public office or for nomination for any such office,
44 or for election to any party positions, and to all contributions to
45 political committees working directly or indirectly with any candidate
46 to aid or participate in such candidate's nomination or election, other
47 than any contributions to any party committee or constituted committee:
48 a. In any election for a public office to be voted on by the voters of
49 the entire state, or for nomination to any such office, no contributor
50 may make a contribution to any candidate or political committee, partic-
51 ipating in the state's public campaign financing system pursuant to
52 title two of this article and no such candidate or political committee
53 may accept any contribution from any contributor, which is in the aggre-
54 gate amount greater than [eighteen] ten thousand dollars divided equally
55 among the primary and general election in an election cycle[; provided
56 however, that the maximum amount which may be so contributed or
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1 accepted, in the aggregate, from any candidate's child, parent, grand-
2 parent, brother and sister, and the spouse of any such persons, shall
3 not exceed in the case of any nomination to public office an amount
4 equivalent to the product of the number of enrolled voters in the candi-
5 date's party in the state, excluding voters in inactive status, multi-
6 plied by $.025, and in the case of any election for a public office, an
7 amount equivalent to the product of the number of registered voters in
8 the state excluding voters in inactive status, multiplied by $.025].
9 b. In any other election for party position or for election to a
10 public office or for nomination for any such office, no contributor may
11 make a contribution to any candidate or political committee participat-
12 ing in the state's public campaign financing system pursuant to title
13 two of this article and no such candidate or political committee may
14 accept any contribution from any contributor, which is in the aggregate
15 amount greater than [election for party position, or for nomination to
16 public office, the product of the total number of enrolled voters in the
17 candidate's party in the district in which he is a candidate, excluding
18 voters in inactive status, multiplied by $.05, and (ii) in the case of
19 any election for a public office, the product of the total number of
20 registered voters in the district, excluding voters in inactive status,
21 multiplied by $.05,] ten thousand dollars, however in the case of a
22 nomination within the city of New York for the office of mayor, public
23 advocate or comptroller, such amount shall be not less than four thou-
24 sand dollars nor more than [twelve] ten thousand dollars as increased or
25 decreased by the cost of living adjustment described in paragraph c of
26 this subdivision; in the case of an election within the city of New York
27 for the office of mayor, public advocate or comptroller, [twenty-five]
28 ten thousand dollars as increased or decreased by the cost of living
29 adjustment described in paragraph c of this subdivision; in the case of
30 a nomination or election for state senator, ten thousand dollars,
31 divided equally among the primary and general election in an election
32 cycle; in the case of an election or nomination for a member of the
33 assembly, six thousand dollars, divided equally among the primary and
34 general election in an election cycle; provided however, that the maxi-
35 mum amount which may be so contributed or accepted, in the aggregate,
36 from any candidate's child, parent, grandparent, brother and sister, and
37 the spouse of any such persons, shall not exceed in the case of any
38 election for party position or nomination for public office an amount
39 equivalent to [the number of enrolled voters in the candidate's party in
40 the district in which he is a candidate, excluding voters in inactive
41 status, multiplied by $.25 and in the case of any election to public
42 office, an amount equivalent to the number of registered voters in the
43 district, excluding voters in inactive status, multiplied by $.25; or]
44 twelve hundred fifty dollars, [whichever is greater,] or in the case of
45 a nomination or election of a state senator, [twenty] ten thousand
46 dollars, [whichever is greater,] or in the case of a nomination or
47 election of a member of the assembly [twelve] ten thousand [five
48 hundred] dollars, [whichever is greater,] but in no event shall any such
49 maximum exceed [one hundred] ten thousand dollars.
50 c. In any election for a public office to be voted on by the voters of
51 the entire state, or for nomination to any such office, no contributor
52 may make a contribution to any candidate or political committee in
53 connection with a candidate who is not a participating candidate as
54 defined in subdivision fourteen of section 14-200-a of this article, and
55 no such candidate or political committee may accept any contribution
56 from any contributor, which is in the aggregate amount greater than
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1 [eighteen] ten thousand dollars, divided equally among the primary and
2 general election in an election cycle; provided however, that the maxi-
3 mum amount which may be so contributed or accepted, in the aggregate,
4 from any candidate's child, parent, grandparent, brother and sister, and
5 the spouse of any such persons, shall not exceed in the case of any
6 nomination to public office an amount equivalent to [the product of the
7 number of enrolled voters in the candidate's party in the state, exclud-
8 ing voters in inactive status, multiplied by $.025, and in the case of
9 any election for a public office, an amount equivalent to the product of
10 the number of registered voters in the state, excluding voters in inac-
11 tive status, multiplied by $.025] twelve hundred fifty dollars.
12 d. In any nomination or election of a candidate who is not a partic-
13 ipating candidate for state senator, ten thousand dollars, divided
14 equally among the primary and general election in an election cycle; in
15 the case of an election or nomination for a member of the assembly, six
16 thousand dollars, divided equally among the primary and general election
17 in an election cycle.
18 e. (1) At the beginning of each fourth calendar year, commencing in
19 [nineteen hundred ninety-five] two thousand twenty-four, the state board
20 shall determine the percentage of the difference between the most recent
21 available monthly consumer price index for all urban consumers published
22 by the United States bureau of labor statistics and such consumer price
23 index published for the same month four years previously. The amount of
24 each contribution limit fixed in this subdivision shall be adjusted by
25 the amount of such percentage difference to the closest one hundred
26 dollars by the state board which, not later than the first day of Febru-
27 ary in each such year, shall issue a regulation publishing the amount of
28 each such contribution limit. Each contribution limit as so adjusted
29 shall be the contribution limit in effect for any election held before
30 the next such adjustment.
31 (2) Provided, however, that such adjustments shall not occur for
32 candidates seeking statewide office, or the position of state senator or
33 member of the assembly, whether such candidate does or does not partic-
34 ipate in the public finance program established pursuant to title two of
35 this article.
36 f. Notwithstanding any other contribution limit in this section,
37 participating candidates as defined in subdivision fourteen of section
38 14-200-a of this article may contribute, out of their own money, three
39 times the applicable contribution limit to their own authorized commit-
40 tee.
41 § 5. Subdivision 8 of section 14-114 of the election law, as amended
42 by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
43 laws of 1978, is amended to read as follows:
44 8. a. Except as may otherwise be provided [for] by a candidate [and
45 his family] for his or her own campaign, no natural person may contrib-
46 ute, loan or guarantee in excess of [one hundred fifty] ten thousand
47 dollars within the state of New York in any calendar year in connection
48 with the nomination or election of [persons to] candidates for state
49 [and] or local public offices [and] or party positions [within the state
50 of New York in any one calendar year].
51 b. For the purposes of this subdivision "loan" or "guarantee" shall
52 mean a loan or guarantee which is not repaid or discharged in the calen-
53 dar year in which it is made.
54 § 6. Subdivision 10 of section 14-114 of the election law, as added by
55 chapter 79 of the laws of 1992, is amended to read as follows:
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1 10. a. No contributor may make a contribution to a party or consti-
2 tuted committee and no such committee may accept a contribution from any
3 contributor which, in the aggregate, is greater than [sixty-two] ten
4 thousand [five hundred] dollars per annum.
5 b. At the beginning of each fourth calendar year, commencing in [nine-
6 teen hundred ninety-five] two thousand twenty-four, the state board
7 shall determine the percentage of the difference between the most recent
8 available monthly consumer price index for all urban consumers published
9 by the United States bureau of labor statistics and such consumer price
10 index published for the same month four years previously. The amount of
11 such contribution limit fixed in paragraph a of this subdivision shall
12 be adjusted by the amount of such percentage difference to the closest
13 one hundred dollars by the state board which, not later than the first
14 day of February in each such year, shall issue a regulation publishing
15 the amount of such contribution limit. Such contribution limit as so
16 adjusted shall be the contribution limit in effect for any election held
17 before the next such adjustment.
18 § 7. This act shall take effect on the ninetieth day after it shall
19 have become a law; provided, however, that section four of this act
20 shall take effect on the same date and in the same manner as section 3
21 of part ZZZ of chapter 58 of the laws of 2020, takes effect.