STATE OF NEW YORK
________________________________________________________________________
446
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. ROZIC -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to decreasing contribution
limitations
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] two thou-
19 sand eight hundred dollars as increased or decreased by the cost of
20 living adjustment described in paragraph c of this subdivision, and (ii)
21 in the case of any election to a public office, [twenty-five] not more
22 than two thousand eight hundred dollars as increased or decreased by the
23 cost of living adjustment described in paragraph c of this subdivision[;
24 provided however, that the maximum amount which may be so contributed or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03479-01-1
A. 446 2
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 and no
12 candidate or political committee may accept any contribution from any
13 contributor, which is in the aggregate amount greater than: (i) in the
14 case of any election for party position, or for nomination to public
15 office, the product of the total number of enrolled voters in the candi-
16 date's party in the district in which he is a candidate, excluding
17 voters in inactive status, multiplied by $.05, and (ii) in the case of
18 any election for a public office, the product of the total number of
19 registered voters in the district, excluding voters in inactive status,
20 multiplied by $.05[,]; but in no event shall any such maximum exceed two
21 thousand eight hundred dollars or be less than one thousand dollars as
22 increased or decreased by the cost of living adjustment described in
23 paragraph c of this subdivision; however in the case of a nomination or
24 election within the city of New York for the office of mayor, public
25 advocate [or], comptroller, borough president or member of the city
26 council, such amount shall be [not less than four thousand dollars nor
27 more than twelve thousand dollars as increased or decreased by the cost
28 of living adjustment described in paragraph c of this subdivision; in
29 the case of an election within the city of New York for the office of
30 mayor, public advocate or comptroller, twenty-five thousand dollars as
31 increased or decreased by the cost of living adjustment described in
32 paragraph c of this subdivision] equal to the contribution limits set
33 forth in paragraph (f) of subdivision one of section 3-703 of the admin-
34 istrative code of the city of New York; provided however in the case of
35 a nomination or election for state senator, such amount shall be [four]
36 not more than two thousand eight hundred dollars as increased or
37 decreased by the cost of living adjustment described in paragraph c of
38 this subdivision; [in the case of an election for state senator, six
39 thousand two hundred fifty dollars as increased or decreased by the cost
40 of living adjustment described in paragraph c of this subdivision;] in
41 the case of [an election or] a nomination or election for a member of
42 the assembly, [twenty-five hundred] not more than two thousand eight
43 hundred dollars as increased or decreased by the cost of living adjust-
44 ment described in paragraph c of this subdivision[; but in no event
45 shall any such maximum exceed fifty thousand dollars or be less than one
46 thousand dollars; provided however, that the maximum amount which may be
47 so contributed or accepted, in the aggregate, from any candidate's
48 child, parent, grandparent, brother and sister, and the spouse of any
49 such persons, shall not exceed in the case of any election for party
50 position or nomination for public office an amount equivalent to the
51 number of enrolled voters in the candidate's party in the district in
52 which he is a candidate, excluding voters in inactive status, multiplied
53 by $.25 and in the case of any election to public office, an amount
54 equivalent to the number of registered voters in the district, excluding
55 voters in inactive status, multiplied by $.25; or twelve hundred fifty
56 dollars, whichever is greater, or in the case of a nomination or
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1 election of a state senator, twenty thousand dollars, whichever is
2 greater, or in the case of a nomination or election of a member of the
3 assembly twelve thousand five hundred dollars, whichever is greater, but
4 in no event shall any such maximum exceed one hundred thousand dollars].
5 c. At the beginning of each [fourth] second calendar year, commencing
6 in [nineteen hundred ninety-five] two thousand twenty-two, the state
7 board shall determine the percentage of the difference between the most
8 recent available monthly consumer price index for all urban consumers
9 published by the United States bureau of labor statistics and such
10 consumer price index published for the same month [four] two years
11 previously. The amount of each contribution limit fixed in this subdivi-
12 sion shall be adjusted by the amount of such percentage difference to
13 the closest one hundred dollars by the state board which, not later than
14 the first day of February in each such year, shall issue a regulation
15 publishing the amount of each such contribution limit. Each contribution
16 limit as so adjusted shall be the contribution limit in effect for any
17 election held before the next such adjustment.
18 § 2. Subdivision 1 of section 14-114 of the election law, as amended
19 by section 3 of part ZZZ of chapter 58 of the laws of 2020, is amended
20 to read as follows:
21 1. The following limitations apply to all contributions to candidates
22 for election to any public office or for nomination for any such office,
23 or for election to any party positions, and to all contributions to
24 political committees working directly or indirectly with any candidate
25 to aid or participate in such candidate's nomination or election, other
26 than any contributions to any party committee or constituted committee:
27 a. In any election for a public office to be voted on by the voters of
28 the entire state, or for nomination to any such office, no contributor
29 may make a contribution to any candidate or political committee, partic-
30 ipating in the state's public campaign financing system pursuant to
31 title two of this article and no such candidate or political committee
32 may accept any contribution from any contributor, which is in the aggre-
33 gate amount greater than eighteen thousand dollars divided equally among
34 the primary and general election in an election cycle[; provided howev-
35 er, that the maximum amount which may be so contributed or accepted, in
36 the aggregate, from any candidate's child, parent, grandparent, brother
37 and sister, and the spouse of any such persons, shall not exceed in the
38 case of any nomination to public office an amount equivalent to the
39 product of the number of enrolled voters in the candidate's party in the
40 state, excluding voters in inactive status, multiplied by $.025, and in
41 the case of any election for a public office, an amount equivalent to
42 the product of the number of registered voters in the state excluding
43 voters in inactive status, multiplied by $.025].
44 b. In any other election for party position or for election to a
45 public office or for nomination for any such office, no contributor may
46 make a contribution to any candidate or political committee participat-
47 ing in the state's public campaign financing system pursuant to title
48 two of this article and no such candidate or political committee may
49 accept any contribution from any contributor, which is in the aggregate
50 amount greater than election for party position, or for nomination to
51 public office, the product of the total number of enrolled voters in the
52 candidate's party in the district in which he is a candidate, excluding
53 voters in inactive status, multiplied by $.05, and (ii) in the case of
54 any election for a public office, the product of the total number of
55 registered voters in the district, excluding voters in inactive status,
56 multiplied by $.05[,]; but in no event shall any such maximum exceed two
A. 446 4
1 thousand eight hundred dollars or be less than one thousand dollars as
2 increased or decreased by the cost of living adjustment described in
3 paragraph e of this subdivision; however in the case of a nomination or
4 election within the city of New York for the office of mayor, public
5 advocate [or], comptroller, borough president or member of the city
6 council, such amount shall be [not less than four thousand dollars nor
7 more than twelve thousand dollars as increased or decreased by the cost
8 of living adjustment described in paragraph c of this subdivision] equal
9 to the contribution limits set forth in paragraph (f) of subdivision one
10 of section 3-703 of the administrative code of the city of New York; [in
11 the case of an election within the city of New York for the office of
12 mayor, public advocate or comptroller, twenty-five thousand dollars as
13 increased or decreased by the cost of living adjustment described in
14 paragraph c of this subdivision;] provided however, in the case of a
15 nomination or election for state senator, ten thousand dollars, divided
16 equally among the primary and general election in an election cycle; in
17 the case of an election or nomination for a member of the assembly, six
18 thousand dollars, divided equally among the primary and general election
19 in an election cycle[; provided however, that the maximum amount which
20 may be so contributed or accepted, in the aggregate, from any candi-
21 date's child, parent, grandparent, brother and sister, and the spouse of
22 any such persons, shall not exceed in the case of any election for party
23 position or nomination for public office an amount equivalent to the
24 number of enrolled voters in the candidate's party in the district in
25 which he is a candidate, excluding voters in inactive status, multiplied
26 by $.25 and in the case of any election to public office, an amount
27 equivalent to the number of registered voters in the district, excluding
28 voters in inactive status, multiplied by $.25; or twelve hundred fifty
29 dollars, whichever is greater, or in the case of a nomination or
30 election of a state senator, twenty thousand dollars, whichever is
31 greater, or in the case of a nomination or election of a member of the
32 assembly twelve thousand five hundred dollars, whichever is greater, but
33 in no event shall any such maximum exceed one hundred thousand dollars].
34 c. In any election for a public office to be voted on by the voters of
35 the entire state, or for nomination to any such office, no contributor
36 may make a contribution to any candidate or political committee in
37 connection with a candidate who is not a participating candidate as
38 defined in subdivision fourteen of section 14-200-a of this article, and
39 no such candidate or political committee may accept any contribution
40 from any contributor, which is in the aggregate amount greater than
41 eighteen thousand dollars, divided equally among the primary and general
42 election in an election cycle[; provided however, that the maximum
43 amount which may be so contributed or accepted, in the aggregate, from
44 any candidate's child, parent, grandparent, brother and sister, and the
45 spouse of any such persons, shall not exceed in the case of any nomi-
46 nation to public office an amount equivalent to the product of the
47 number of enrolled voters in the candidate's party in the state, exclud-
48 ing voters in inactive status, multiplied by $.025, and in the case of
49 any election for a public office, an amount equivalent to the product of
50 the number of registered voters in the state, excluding voters in inac-
51 tive status, multiplied by $.025].
52 d. In any nomination or election of a candidate who is not a partic-
53 ipating candidate for state senator, ten thousand dollars, divided
54 equally among the primary and general election in an election cycle; in
55 the case of an election or nomination for a member of the assembly, six
A. 446 5
1 thousand dollars, divided equally among the primary and general election
2 in an election cycle.
3 e. (1) At the beginning of each [fourth] second calendar year,
4 commencing in [nineteen hundred ninety-five] two thousand twenty-two,
5 the state board shall determine the percentage of the difference between
6 the most recent available monthly consumer price index for all urban
7 consumers published by the United States bureau of labor statistics and
8 such consumer price index published for the same month [four] two years
9 previously. The amount of each contribution limit fixed in this subdivi-
10 sion shall be adjusted by the amount of such percentage difference to
11 the closest one hundred dollars by the state board which, not later than
12 the first day of February in each such year, shall issue a regulation
13 publishing the amount of each such contribution limit. Each contribution
14 limit as so adjusted shall be the contribution limit in effect for any
15 election held before the next such adjustment.
16 (2) Provided, however, that such adjustments shall not occur for
17 candidates seeking statewide office, or the position of state senator or
18 member of the assembly, whether such candidate does or does not partic-
19 ipate in the public finance program established pursuant to title two of
20 this article.
21 f. Notwithstanding any other contribution limit in this section,
22 participating candidates as defined in subdivision fourteen of section
23 14-200-a of this article may contribute, out of their own money, three
24 times the applicable contribution limit to their own authorized commit-
25 tee.
26 § 3. Subdivision 10 of section 14-114 of the election law, as added by
27 chapter 79 of the laws of 1992, is amended to read as follows:
28 10. a. No contributor may make a contribution to a party or consti-
29 tuted committee and no such committee may accept a contribution from any
30 contributor which, in the aggregate, is greater than [sixty-two] twen-
31 ty-five thousand [five hundred] dollars per annum.
32 b. At the beginning of each [fourth] second calendar year, commencing
33 in [nineteen hundred ninety-five] two thousand twenty-two, the state
34 board shall determine the percentage of the difference between the most
35 recent available monthly consumer price index for all urban consumers
36 published by the United States bureau of labor statistics and such
37 consumer price index published for the same month [four] two years
38 previously. The amount of such contribution limit fixed in paragraph a
39 of this subdivision shall be adjusted by the amount of such percentage
40 difference to the closest one hundred dollars by the state board which,
41 not later than the first day of February in each such year, shall issue
42 a regulation publishing the amount of such contribution limit. Such
43 contribution limit as so adjusted shall be the contribution limit in
44 effect for any election held before the next such adjustment.
45 § 4. Subdivision 3 of section 14-124 of the election law, as amended
46 by section 1 of part B of chapter 286 of the laws of 2016, is amended to
47 read as follows:
48 3. The contribution and receipt limits of this article shall not apply
49 to monies received and expenditures made by a party committee or consti-
50 tuted committee to maintain a permanent headquarters and staff and carry
51 on ordinary activities which are not for the express purpose of promot-
52 ing the candidacy of specific candidates; provided that such monies
53 described in this subdivision shall be deposited in a segregated
54 account. Contributions made for such activities to a party committee or
55 constituted committee shall be limited to twenty-five thousand dollars
56 in the aggregate from each contributor in each year.
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1 § 5. This act shall take effect on the one hundred eightieth day after
2 it shall have become a law; provided, however, that section two of this
3 act shall take effect on the same date and in the same manner as section
4 3 of part ZZZ of chapter 58 of the laws of 2020, takes effect; provided,
5 further, that contributions legally received prior to the effective date
6 of this act may be retained and expended for lawful purposes and shall
7 not provide the basis for a violation of article 14 of the election law,
8 as amended by this act; and provided, further, that the state board of
9 elections shall notify all candidates and political committees of the
10 applicable provisions of this act within thirty days after this act
11 shall have become a law.
