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S00615 Summary:

S00615 Actions:

S00615 Committee Votes:

S00615 Floor Votes:

S00615 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           615
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     January 5, 2023
                                       ___________
 
        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections
 
        AN ACT to amend the  election  law,  in  relation  to  contribution  and
          receipt 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  section 3 of part ZZZ of chapter 58 of the laws of 2020, is
     3  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, partic-
    13  ipating  in  the  state's  public  campaign financing system pursuant to
    14  title two of this article and no such candidate or  political  committee
    15  may accept any contribution from any contributor, which is in the aggre-
    16  gate amount greater than eighteen thousand dollars divided equally among
    17  the primary and general election in an election cycle; provided however,
    18  that  the maximum amount which may be so contributed or accepted, in the
    19  aggregate, from any candidate's child, parent, grandparent, brother  and
    20  sister, and the spouse of any such persons, shall not exceed in the case
    21  of  any  nomination to public office an amount equivalent to the product
    22  of the number of enrolled voters in the candidate's party in the  state,
    23  excluding  voters  in  inactive  status, multiplied by $.025, and in the
    24  case of any election for a public office, an amount  equivalent  to  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03617-01-3
        S. 615                              2
 
     1  product of the number of registered voters in the state excluding voters
     2  in inactive status, multiplied by $.025.
     3    b.  In  any  [other  election  for party position or for election to a
     4  public office or for nomination for any such office, no contributor  may
     5  make  a contribution to any candidate or political committee] nomination
     6  or election of a candidate participating in the state's public  campaign
     7  financing  system  pursuant  to title two of this article [and], no such
     8  candidate or political committee may accept any  contribution  from  any
     9  contributor, which is in the aggregate amount greater than [election for
    10  party  position,  or for nomination to public office, the product of the
    11  total number of enrolled voters in the candidate's party in the district
    12  in which he is a candidate, excluding voters in inactive status,  multi-
    13  plied by $.05, and (ii) in the case of any election for a public office,
    14  the  product  of  the total number of registered voters in the district,
    15  excluding voters in inactive status, multiplied by $.05, however in  the
    16  case  of  a  nomination  within  the  city of New York for the office of
    17  mayor, public advocate or comptroller, such amount  shall  be  not  less
    18  than  four  thousand  dollars  nor  more than twelve thousand dollars as
    19  increased or decreased by the cost of  living  adjustment  described  in
    20  paragraph  c  of this subdivision; in the case of an election within the
    21  city of New York for the office  of  mayor,  public  advocate  or  comp-
    22  troller,  twenty-five  thousand dollars as increased or decreased by the
    23  cost  of  living  adjustment  described   in   paragraph   c   of   this
    24  subdivision;]:  (i)  in  the  case of a nomination or election for state
    25  senator, ten thousand dollars, divided equally  among  the  primary  and
    26  general  election  in  an election cycle; and (ii) in the case of [an] a
    27  nomination or election [or nomination] for [a] member of  the  assembly,
    28  six  thousand  dollars,  divided  equally  among the primary and general
    29  election in an election cycle; provided however, that the maximum amount
    30  which may be so contributed or accepted, in the  aggregate,  from  [any]
    31  such candidate's child, parent, grandparent, brother and sister, and the
    32  spouse  of  any  such  persons,  shall  not  exceed  in  the case of any
    33  [election for party position or] nomination for  [public  office]  state
    34  senator  or member of the assembly an amount equivalent to the number of
    35  enrolled voters in the candidate's party in the district in which he  or
    36  she  is  a candidate, excluding voters in inactive status, multiplied by
    37  $.25 and in the case of  any  election  [to  public  office]  for  state
    38  senator or member of the assembly, an amount equivalent to the number of
    39  registered  voters in the district, excluding voters in inactive status,
    40  multiplied by $.25; [or  twelve  hundred  fifty  dollars,  whichever  is
    41  greater,  or] provided, however, in the case of a nomination or election
    42  of a state senator, twenty thousand dollars, whichever is greater, or in
    43  the case of a nomination or election of a member of the assembly  twelve
    44  thousand  five  hundred  dollars,  whichever is greater, but in no event
    45  shall any such maximum exceed one hundred thousand dollars.
    46    c. In any election for a public office to be voted on by the voters of
    47  the entire state, or for nomination to any such office,  no  contributor
    48  may  make  a  contribution  to  any  candidate or political committee in
    49  connection with a candidate who is  not  a  participating  candidate  as
    50  defined in subdivision fourteen of section 14-200-a of this article, and
    51  no  such  candidate  or  political committee may accept any contribution
    52  from any contributor, which is in  the  aggregate  amount  greater  than
    53  eighteen thousand dollars, divided equally among the primary and general
    54  election in an election cycle; provided however, that the maximum amount
    55  which  may  be  so  contributed  or accepted, in the aggregate, from any
    56  candidate's child, parent, grandparent,  brother  and  sister,  and  the
        S. 615                              3
 
     1  spouse  of  any  such persons, shall not exceed in the case of any nomi-
     2  nation to public office an amount  equivalent  to  the  product  of  the
     3  number of enrolled voters in the candidate's party in the state, exclud-
     4  ing  voters  in inactive status, multiplied by $.025, and in the case of
     5  any election for a public office, an amount equivalent to the product of
     6  the number of registered voters in the state, excluding voters in  inac-
     7  tive status, multiplied by $.025.
     8    d.  In  any nomination or election of a candidate who is not a partic-
     9  ipating candidate for  state  senator,  ten  thousand  dollars,  divided
    10  equally  among the primary and general election in an election cycle; in
    11  the case of [an election or] a nomination or election for [a] member  of
    12  the  assembly,  six  thousand dollars, divided equally among the primary
    13  and general election in an election cycle.
    14    e. In any other election for party  position  or  for  election  to  a
    15  public  office or for nomination for any such office, no contributor may
    16  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  election  for party position, or for nomination to public
    20  office, the product of the total number of enrolled voters in the candi-
    21  date's party in the district in which he or she is a candidate,  exclud-
    22  ing  voters in inactive status, multiplied by $.05, and (ii) in the case
    23  of any election for a public office, the product of the total number  of
    24  registered  voters in the district, excluding voters in inactive status,
    25  multiplied by $.05, however in the case of a nomination within the  city
    26  of  New  York  for  the office of mayor, public advocate or comptroller,
    27  such amount shall be not less than four thousand dollars nor  more  than
    28  twelve  thousand dollars as increased or decreased by the cost of living
    29  adjustment described in paragraph f of this subdivision; in the case  of
    30  an  election within the city of New York for the office of mayor, public
    31  advocate or comptroller, twenty-five thousand dollars  as  increased  or
    32  decreased  by  the cost of living adjustment described in paragraph f of
    33  this subdivision but in no event shall any  such  maximum  exceed  fifty
    34  thousand dollars or be less than one thousand dollars; provided however,
    35  that  the maximum amount which may be so contributed or accepted, in the
    36  aggregate, from any candidate's child, parent, grandparent, brother  and
    37  sister, and the spouse of any such persons, shall not exceed in the case
    38  of  any  election  for party position or nomination for public office an
    39  amount equivalent to the number of enrolled voters  in  the  candidate's
    40  party  in  the  district  in  which  he or she is a candidate, excluding
    41  voters in inactive status, multiplied by $.25 and in  the  case  of  any
    42  election  to public office, an amount equivalent to the number of regis-
    43  tered voters in the  district,  excluding  voters  in  inactive  status,
    44  multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
    45  er,  but  in no event shall any such maximum exceed one hundred thousand
    46  dollars.
    47    f. (1) At the beginning of each fourth calendar  year,  commencing  in
    48  nineteen  hundred  ninety-five,  the  state  board  shall  determine the
    49  percentage of the difference between the most recent  available  monthly
    50  consumer  price  index  for  all urban consumers published by the United
    51  States  bureau  of  labor  statistics  and  such  consumer  price  index
    52  published  for  the same month four years previously. The amount of each
    53  contribution limit fixed in this subdivision shall be  adjusted  by  the
    54  amount  of such percentage difference to the closest one hundred dollars
    55  by the state board which, not later than the first day  of  February  in
    56  each  such  year, shall issue a regulation publishing the amount of each
        S. 615                              4
 
     1  such contribution limit. Each contribution limit as so adjusted shall be
     2  the contribution limit in effect for any election held before  the  next
     3  such adjustment.
     4    (2)  Provided,  however,  that  such  adjustments  shall not occur for
     5  candidates seeking statewide office, or the position of state senator or
     6  member of the assembly, whether such candidate does or does not  partic-
     7  ipate in the public finance program established pursuant to title two of
     8  this article.
     9    [f.]  g. Notwithstanding any other contribution limit in this section,
    10  participating candidates as defined in subdivision fourteen  of  section
    11  14-200-a  of  this article may contribute, out of their own money, three
    12  times the applicable contribution limit to their own authorized  commit-
    13  tee.
    14    § 2. This act shall take effect immediately.