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A03960 Summary:

BILL NOA03960
 
SAME ASNo Same As
 
SPONSORHawley
 
COSPNSRDeStefano, DiPietro, Gallahan, Giglio, Tague
 
MLTSPNSRAngelino
 
Amd Art 14 Art Head, §§14-114 & 3-102, rpld Art 14 Title I Head, Title II Head, El L; rpld §92-t, §95 sub 5, St Fin L; rpld §630-h, Tax L
 
Relates to public financing for state office; provides limitations on contributions to candidates for election to any public office in the state.
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A03960 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3960
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2025
                                       ___________
 
        Introduced by M. of A. HAWLEY -- read once and referred to the Committee
          on Election Law
 
        AN  ACT  to  amend the election law, in relation to public financing for
          state office; to repeal the title heading of title I and title  II  of
          the election law relating thereto; to repeal section 92-t and subdivi-
          sion 5 of section 95 of the state finance law relating to the New York
          state  campaign  finance  fund; and to repeal section 630-h of the tax
          law relating to the New York state campaign finance fund check-off
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The article heading of article 14 of the election law, as
     2  amended by section 1 of part ZZZ of chapter 58 of the laws of  2020,  is
     3  amended to read as follows:
     4            CAMPAIGN RECEIPTS AND EXPENDITURES; [PUBLIC FINANCING]
     5    §  2.  The  title heading of title I and title II of article 14 of the
     6  election law are REPEALED.
     7    § 3. Subdivision 1 of section 14-114 of the election law,  as  amended
     8  by chapter 105 of the laws of 2023, is amended to read as follows:
     9    1.  The following limitations apply to all contributions to candidates
    10  for election to any public office or for nomination for any such office,
    11  or for election to any party positions,  and  to  all  contributions  to
    12  political  committees  working directly or indirectly with any candidate
    13  to aid or participate in such candidate's nomination or election,  other
    14  than any contributions to any party committee or constituted committee:
    15    a. In any election for a public office to be voted on by the voters of
    16  the  entire  state, or for nomination to any such office, no contributor
    17  may make  a  contribution  to  any  candidate  or  political  committee,
    18  [participating  in the state's public campaign financing system pursuant
    19  to title two of this article]  and  no  [such]  candidate  or  political
    20  committee  may accept any contribution from any contributor, which is in
    21  the aggregate amount greater than [eighteen]: (i) in  the  case  of  any
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05002-01-5

        A. 3960                             2
 
     1  nomination to public office, the product of the total number of enrolled
     2  voters in the candidate's party in the state, excluding voters in  inac-
     3  tive status, multiplied by $.005, but such amount shall be not less than
     4  four  thousand  dollars  nor  more than twelve thousand dollars [divided
     5  equally among the primary and general election in an election cycle]  as
     6  increased  or  decreased  by  the cost of living adjustment described in
     7  paragraph c of this subdivision, and (ii) in the case of any election to
     8  a public office, twenty-five thousand dollars as increased or  decreased
     9  by the cost of living adjustment described in paragraph c of this subdi-
    10  vision; provided however, that  the  maximum  amount  which  may  be  so
    11  contributed  or  accepted, in the aggregate, from any candidate's child,
    12  parent, grandparent, [brother and sister] sibling, and the spouse of any
    13  such persons, shall not exceed in the case of any nomination  to  public
    14  office  an  amount  equivalent  to the product of the number of enrolled
    15  voters in the candidate's party in the state, excluding voters in  inac-
    16  tive  status, multiplied by $.025, and in the case of any election for a
    17  public office, an amount equivalent to the  product  of  the  number  of
    18  registered  voters  in  the  state  excluding voters in inactive status,
    19  multiplied by $.025.
    20    b. In any nomination or election of a candidate [participating in  the
    21  state's  public  campaign financing system pursuant to title two of this
    22  article], no [such] candidate or  political  committee  may  accept  any
    23  contribution  from  any  contributor,  which  is in the aggregate amount
    24  greater than: (i) in the case of a nomination [or  election]  for  state
    25  senator, [ten] four thousand dollars, [divided equally among the primary
    26  and  general election in an election cycle] as increased or decreased by
    27  the cost of living adjustment described in paragraph c of this  subdivi-
    28  sion; in the case of an election for state  senator,  six  thousand  two
    29  hundred  fifty  dollars  as increased or decreased by the cost of living
    30  adjustment described in paragraph c of this subdivision; and (ii) in the
    31  case of a nomination or election for member of the assembly, [six  thou-
    32  sand]  twenty-five  hundred  dollars, [divided equally among the primary
    33  and general election in an election cycle] as increased or decreased  by
    34  the  cost of living adjustment described in paragraph c of this subdivi-
    35  sion; but in no event shall  any  such  maximum  exceed  fifty  thousand
    36  dollars    or  be less than one thousand dollars; provided however, that
    37  the maximum amount which may be  so  contributed  or  accepted,  in  the
    38  aggregate,  from  such  candidate's child, parent, grandparent, [brother
    39  and sister] sibling, and the spouse  of  any  such  persons,  shall  not
    40  exceed  in the case of any nomination for state senator or member of the
    41  assembly an amount equivalent to the number of enrolled  voters  in  the
    42  candidate's  party in the district in which [he or she] such person is a
    43  candidate, excluding voters in inactive status, multiplied by  $.25  and
    44  in the case of any election for state senator or member of the assembly,
    45  an amount equivalent to the number of registered voters in the district,
    46  excluding  voters  in  inactive  status,  multiplied  by $.25; provided,
    47  however, in the case of a nomination or election  of  a  state  senator,
    48  twenty thousand dollars, whichever is greater, or in the case of a nomi-
    49  nation  or  election  of  a  member of the assembly twelve thousand five
    50  hundred dollars, whichever is greater, but in no event  shall  any  such
    51  maximum exceed one hundred thousand dollars.
    52    c.  [In  any election for a public office to be voted on by the voters
    53  of the entire state, or for nomination to any such office, no  contribu-
    54  tor  may  make a contribution to any candidate or political committee in
    55  connection with a candidate who is  not  a  participating  candidate  as
    56  defined in subdivision fourteen of section 14-200-a of this article, and

        A. 3960                             3

     1  no  such  candidate  or  political committee may accept any contribution
     2  from any contributor, which is in  the  aggregate  amount  greater  than
     3  eighteen thousand dollars, divided equally among the primary and general
     4  election in an election cycle; provided however, that the maximum amount
     5  which  may  be  so  contributed  or accepted, in the aggregate, from any
     6  candidate's child, parent, grandparent,  brother  and  sister,  and  the
     7  spouse  of  any  such persons, shall not exceed in the case of any nomi-
     8  nation to public office an amount  equivalent  to  the  product  of  the
     9  number of enrolled voters in the candidate's party in the state, exclud-
    10  ing  voters  in inactive status, multiplied by $.025, and in the case of
    11  any election for a public office, an amount equivalent to the product of
    12  the number of registered voters in the state, excluding voters in  inac-
    13  tive status, multiplied by $.025.
    14    d.  In  any nomination or election of a candidate who is not a partic-
    15  ipating candidate for  state  senator,  ten  thousand  dollars,  divided
    16  equally  among the primary and general election in an election cycle; in
    17  the case of a nomination or election for member  of  the  assembly,  six
    18  thousand dollars, divided equally among the primary and general election
    19  in an election cycle.
    20    e.]  In  any  other  election  for party position or for election to a
    21  public office or for nomination for any such office, no contributor  may
    22  make  a  contribution  to  any  candidate  or political committee and no
    23  candidate or political committee may accept any  contribution  from  any
    24  contributor,  which  is in the aggregate amount greater than: (i) in the
    25  case of any election for party position, or  for  nomination  to  public
    26  office, the product of the total number of enrolled voters in the candi-
    27  date's  party  in  the  district  in  which [he or she] such person is a
    28  candidate, excluding voters in inactive status, multiplied by $.05,  and
    29  (ii) in the case of any election for a public office, the product of the
    30  total  number  of registered voters in the district, excluding voters in
    31  inactive status, multiplied by $.05, however in the case of a nomination
    32  within the city of New York for the office of mayor, public advocate  or
    33  comptroller,  such  amount  shall be not less than four thousand dollars
    34  nor more than twelve thousand dollars as increased or decreased  by  the
    35  cost  of living adjustment described in paragraph f of this subdivision;
    36  in the case of an election within the city of New York for the office of
    37  mayor, public advocate or comptroller, twenty-five thousand  dollars  as
    38  increased  or  decreased  by  the cost of living adjustment described in
    39  paragraph f of this subdivision but in no event shall any  such  maximum
    40  exceed  fifty  thousand  dollars  or  be less than one thousand dollars;
    41  provided however, that the maximum amount which may be so contributed or
    42  accepted, in the aggregate, from any candidate's child,  parent,  grand-
    43  parent,  [brother  and  sister]  sibling,  and  the  spouse  of any such
    44  persons, shall not exceed in the case of any election for party position
    45  or nomination for public office an amount equivalent to  the  number  of
    46  enrolled voters in the candidate's party in the district in which [he or
    47  she]  such  person  is a candidate, excluding voters in inactive status,
    48  multiplied by $.25 and in the case of any election to public office,  an
    49  amount  equivalent  to  the number of registered voters in the district,
    50  excluding voters in inactive  status,  multiplied  by  $.25;  or  twelve
    51  hundred  fifty  dollars, whichever is greater, but in no event shall any
    52  such maximum exceed one hundred thousand dollars.
    53    [f. (1)] d. At the beginning of each fourth calendar year,  commencing
    54  in  nineteen  hundred  ninety-five,  the state board shall determine the
    55  percentage of the difference between the most recent  available  monthly
    56  consumer  price  index  for  all urban consumers published by the United

        A. 3960                             4
 
     1  States  bureau  of  labor  statistics  and  such  consumer  price  index
     2  published  for  the same month four years previously. The amount of each
     3  contribution limit fixed in this subdivision shall be  adjusted  by  the
     4  amount  of such percentage difference to the closest one hundred dollars
     5  by the state board which, not later than the first day  of  February  in
     6  each  such  year, shall issue a regulation publishing the amount of each
     7  such contribution limit. Each contribution limit as so adjusted shall be
     8  the contribution limit in effect for any election held before  the  next
     9  such adjustment.
    10    [(2)  Provided,  however,  that  such  adjustments shall not occur for
    11  candidates seeking statewide office, or the position of state senator or
    12  member of the assembly, whether such candidate does or does not  partic-
    13  ipate in the public finance program established pursuant to title two of
    14  this article.
    15    g.  Notwithstanding  any  other  contribution  limit  in this section,
    16  participating candidates as defined in subdivision fourteen  of  section
    17  14-200-a  of  this article may contribute, out of their own money, three
    18  times the applicable contribution limit to their own authorized  commit-
    19  tee.]
    20    § 4. Section 92-t of the state finance law is REPEALED.
    21    § 5. Subdivision 5 of section 95 of the state finance law is REPEALED.
    22    § 6. Section 630-h of the tax law is REPEALED.
    23    § 7. Paragraph (a) of subdivision 9-A of section 3-102 of the election
    24  law,  as  amended  by section 8 of part ZZZ of chapter 58 of the laws of
    25  2020, is amended to read as follows:
    26    (a) develop an electronic reporting system to process  the  statements
    27  of campaign receipts, contributions, transfers and expenditures required
    28  to  be  filed  with any board of elections pursuant to the provisions of
    29  sections 14-102[,] and 14-104 [and 14-201] of this chapter;
    30    § 8. This act shall take effect immediately.
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