STATE OF NEW YORK
________________________________________________________________________
174--A
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
___________
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections -- recommitted
to the Committee on Elections in accordance with Senate Rule 6, sec. 8
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the election law, in relation to decreasing contribution
limitations; and to repeal subdivision 3 of section 14-124 of such law
relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 14-114 of the election law, as
2 amended by chapter 79 of the laws of 1992, paragraphs a and b as amended
3 by chapter 659 of the laws of 1994, is amended to read as follows:
4 1. The following limitations apply to all contributions to candidates
5 for election to any public office or for nomination for any such office,
6 or for election to any party positions, and to all contributions to
7 political committees working directly or indirectly with any candidate
8 to aid or participate in such candidate's nomination or election, other
9 than any contributions to any party committee or constituted committee:
10 a. In any election for a public office to be voted on by the voters of
11 the entire state, or for nomination to any such office, no contributor
12 may make a contribution to any candidate or political committee, and no
13 candidate or political committee may accept any contribution from any
14 contributor, which is in the aggregate amount greater than: (i) in the
15 case of any nomination to public office, the product of the total number
16 of enrolled voters in the candidate's party in the state, excluding
17 voters in inactive status, multiplied by $.005, but such amount shall be
18 not less than four thousand dollars nor more than [twelve] five thousand
19 dollars as increased or decreased by the cost of living adjustment
20 described in paragraph c of this subdivision, and (ii) in the case of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00283-02-4
S. 174--A 2
1 any election to a public office, [twenty-five] five thousand dollars as
2 increased or decreased by the cost of living adjustment described in
3 paragraph c of this subdivision[; provided however, that the maximum
4 amount which may be so contributed or accepted, in the aggregate, from
5 any candidate's child, parent, grandparent, brother and sister, and the
6 spouse of any such persons, shall not exceed in the case of any nomi-
7 nation to public office an amount equivalent to the product of the
8 number of enrolled voters in the candidate's party in the state, exclud-
9 ing voters in inactive status, multiplied by $.025, and in the case of
10 any election for a public office, an amount equivalent to the product of
11 the number of registered voters in the state excluding voters in inac-
12 tive status, multiplied by $.025].
13 b. In any other election for party position or for election to a
14 public office or for nomination for any such office, no contributor may
15 make a contribution to any candidate or political committee and no
16 candidate or political committee may accept any contribution from any
17 contributor, which is in the aggregate amount greater than: (i) in the
18 case of any election for party position, or for nomination to public
19 office, the product of the total number of enrolled voters in the candi-
20 date's party in the district in which he is a candidate, excluding
21 voters in inactive status, multiplied by $.05, and (ii) in the case of
22 any election for a public office, the product of the total number of
23 registered voters in the district, excluding voters in inactive status,
24 multiplied by $.05[,]; but in no event shall any such maximum exceed
25 three thousand dollars or be less than one thousand dollars; however in
26 the case of a nomination or election within the city of New York for the
27 office of mayor, public advocate [or], comptroller, borough president or
28 member of the city council, such amount shall be [not less than four
29 thousand dollars nor more than twelve thousand dollars as increased or
30 decreased by the cost of living adjustment described in paragraph c of
31 this subdivision; in the case of an election within the city of New York
32 for the office of mayor, public advocate or comptroller, twenty-five
33 thousand dollars as increased or decreased by the cost of living adjust-
34 ment described in paragraph c of this subdivision] equal to the contrib-
35 ution limits set forth in paragraph (f) of subdivision one of section
36 3-703 of the administrative code of the city of New York; provided
37 however in the case of a nomination or election for state senator,
38 [four] two thousand four hundred dollars as increased or decreased by
39 the cost of living adjustment described in paragraph c of this subdivi-
40 sion; [in the case of an election for state senator, six thousand two
41 hundred fifty dollars as increased or decreased by the cost of living
42 adjustment described in paragraph c of this subdivision;] in the case of
43 [an election or] a nomination or election for a member of the assembly,
44 [twenty-five hundred] two thousand four hundred dollars as increased or
45 decreased by the cost of living adjustment described in paragraph c of
46 this subdivision[; but in no event shall any such maximum exceed fifty
47 thousand dollars or be less than one thousand dollars; provided however,
48 that the maximum amount which may be so contributed or accepted, in the
49 aggregate, from any candidate's child, parent, grandparent, brother and
50 sister, and the spouse of any such persons, shall not exceed in the case
51 of any election for party position or nomination for public office an
52 amount equivalent to the number of enrolled voters in the candidate's
53 party in the district in which he is a candidate, excluding voters in
54 inactive status, multiplied by $.25 and in the case of any election to
55 public office, an amount equivalent to the number of registered voters
56 in the district, excluding voters in inactive status, multiplied by
S. 174--A 3
1 $.25; or twelve hundred fifty dollars, whichever is greater, or in the
2 case of a nomination or election of a state senator, twenty thousand
3 dollars, whichever is greater, or in the case of a nomination or
4 election of a member of the assembly twelve thousand five hundred
5 dollars, whichever is greater, but in no event shall any such maximum
6 exceed one hundred thousand dollars].
7 c. At the beginning of each fourth calendar year, commencing in [nine-
8 teen hundred ninety-five] two thousand fourteen, the state board shall
9 determine the percentage of the difference between the [most recent
10 available monthly] consumer price index for all urban consumers
11 published by the United States bureau of labor statistics and such
12 consumer price index published for the same month four years previously.
13 The amount of each contribution limit fixed in this subdivision shall be
14 adjusted by the amount of such percentage difference to the closest one
15 hundred dollars by the state board which, not later than the first day
16 of February in each such year, shall issue a regulation publishing the
17 amount of each such contribution limit. Each contribution limit as so
18 adjusted shall be the contribution limit in effect for any election held
19 before the next such adjustment.
20 § 2. Subdivision 8 of section 14-114 of the election law, as amended
21 by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
22 laws of 1978, is amended to read as follows:
23 8. a. Except as may otherwise be provided [for] by a candidate [and
24 his family] for his or her own campaign, no natural person may contrib-
25 ute, loan or guarantee in excess of [one hundred fifty] twenty-five
26 thousand dollars within the state of New York in any calendar year in
27 connection with the nomination or election of [persons to] candidates
28 for state [and] or local public offices [and] or party positions [within
29 the state of New York in any one calendar year].
30 b. For the purposes of this subdivision "loan" or "guarantee" shall
31 mean a loan or guarantee which is not repaid or discharged in the calen-
32 dar year in which it is made.
33 § 3. Subdivision 10 of section 14-114 of the election law, as added by
34 chapter 79 of the laws of 1992, is amended to read as follows:
35 10. a. No contributor may make a contribution to a party or consti-
36 tuted committee and no such committee may accept a contribution from any
37 contributor which, in the aggregate, is greater than [sixty-two] twen-
38 ty-five thousand [five hundred] dollars per annum.
39 b. At the beginning of each fourth calendar year, commencing in [nine-
40 teen hundred ninety-five] two thousand fifteen, the state board shall
41 determine the percentage of the difference between the most recent
42 available monthly consumer price index for all urban consumers published
43 by the United States bureau of labor statistics and such consumer price
44 index published for the same month four years previously. The amount of
45 such contribution limit fixed in paragraph a of this subdivision shall
46 be adjusted by the amount of such percentage difference to the closest
47 one hundred dollars by the state board which, not later than the first
48 day of February in each such year, shall issue a regulation publishing
49 the amount of such contribution limit. Such contribution limit as so
50 adjusted shall be the contribution limit in effect for any election held
51 before the next such adjustment.
52 § 4. Subdivision 3 of section 14-124 of the election law is REPEALED.
53 § 5. This act shall take effect on the one hundred eightieth day after
54 it shall have become a law; provided, that contributions legally
55 received prior to the effective date of this act may be retained and
56 expended for lawful purposes and shall not provide the basis for a
S. 174--A 4
1 violation of article 14 of the election law, as amended by this act; and
2 provided, further, that the state board of elections shall notify all
3 candidates and political committees of the applicable provisions of this
4 act within thirty days after this act shall have become a law.
