STATE OF NEW YORK
________________________________________________________________________
4366
2023-2024 Regular Sessions
IN SENATE
February 7, 2023
___________
Introduced by Sen. FERNANDEZ -- 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 eliminating family
contribution exceptions
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 howev-
18 er, that the maximum amount which may be so contributed or accepted, in
19 the aggregate, from any candidate's child, parent, grandparent, brother
20 and sister, and the spouse of any such persons, shall not exceed in the
21 case of any nomination to public office an amount equivalent to the
22 product of the number of enrolled voters in the candidate's party in the
23 state, excluding voters in inactive status, multiplied by $.025, and in
24 the case of any election for a public office, an amount equivalent to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06465-01-3
S. 4366 2
1 the product of the number of registered voters in the state excluding
2 voters 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 participat-
6 ing in the state's public campaign financing system pursuant to title
7 two of this article and no such candidate or political committee may
8 accept any contribution from any contributor, which is in the aggregate
9 amount greater than election for party position, or for nomination to
10 public office, the product of the total number of enrolled voters in the
11 candidate's party in the district in which he is a candidate, excluding
12 voters in inactive status, multiplied by $.05, and (ii) in the case of
13 any election for a public office, the product of the total number of
14 registered voters in the district, excluding voters in inactive status,
15 multiplied by $.05, however in the case of a nomination within the city
16 of New York for the office of mayor, public advocate or comptroller,
17 such amount shall be not less than four thousand dollars nor more than
18 twelve thousand dollars as increased or decreased by the cost of living
19 adjustment described in paragraph c of this subdivision; in the case of
20 an election within the city of New York for the office of mayor, public
21 advocate or comptroller, twenty-five thousand dollars as increased or
22 decreased by the cost of living adjustment described in paragraph c of
23 this subdivision; in the case of a nomination or election for state
24 senator, ten thousand dollars, divided equally among the primary and
25 general election in an election cycle; in the case of an election or
26 nomination for a member of the assembly, six thousand dollars, divided
27 equally among the primary and general election in an election cycle[;
28 provided however, that the maximum amount which may be so contributed or
29 accepted, in the aggregate, from any candidate's child, parent, grand-
30 parent, brother and sister, and the spouse of any such persons, shall
31 not exceed in the case of any election for party position or nomination
32 for public office an amount equivalent to the number of enrolled voters
33 in the candidate's party in the district in which he is a candidate,
34 excluding voters in inactive status, multiplied by $.25 and in the case
35 of any election to public office, an amount equivalent to the number of
36 registered voters in the district, excluding voters in inactive status,
37 multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
38 er, or in the case of a nomination or election of a state senator, twen-
39 ty thousand dollars, whichever is greater, or in the case of a nomi-
40 nation or election of a member of the assembly twelve thousand five
41 hundred dollars, whichever is greater, but in no event shall any such
42 maximum exceed one hundred thousand dollars].
43 c. In any election for a public office to be voted on by the voters of
44 the entire state, or for nomination to any such office, no contributor
45 may make a contribution to any candidate or political committee in
46 connection with a candidate who is not a participating candidate as
47 defined in subdivision fourteen of section 14-200-a of this article, and
48 no such candidate or political committee may accept any contribution
49 from any contributor, which is in the aggregate amount greater than
50 eighteen thousand dollars, divided equally among the primary and general
51 election in an election cycle[; provided however, that the maximum
52 amount which may be so contributed or accepted, in the aggregate, from
53 any candidate's child, parent, grandparent, brother and sister, and the
54 spouse of any such persons, shall not exceed in the case of any nomi-
55 nation to public office an amount equivalent to the product of the
56 number of enrolled voters in the candidate's party in the state, exclud-
S. 4366 3
1 ing voters in inactive status, multiplied by $.025, and in the case of
2 any election for a public office, an amount equivalent to the product of
3 the number of registered voters in the state, excluding voters in inac-
4 tive status, multiplied by $.025].
5 d. In any nomination or election of a candidate who is not a partic-
6 ipating candidate for state senator, ten thousand dollars, divided
7 equally among the primary and general election in an election cycle; in
8 the case of an election or nomination for a member of the assembly, six
9 thousand dollars, divided equally among the primary and general election
10 in an election cycle.
11 e.(1) At the beginning of each fourth calendar year, commencing in
12 nineteen hundred ninety-five, the state board shall determine the
13 percentage of the difference between the most recent available monthly
14 consumer price index for all urban consumers published by the United
15 States bureau of labor statistics and such consumer price index
16 published for the same month four years previously. The amount of each
17 contribution limit fixed in this subdivision shall be adjusted by the
18 amount of such percentage difference to the closest one hundred dollars
19 by the state board which, not later than the first day of February in
20 each such year, shall issue a regulation publishing the amount of each
21 such contribution limit. Each contribution limit as so adjusted shall be
22 the contribution limit in effect for any election held before the next
23 such adjustment.
24 (2) Provided, however, that such adjustments shall not occur for
25 candidates seeking statewide office, or the position of state senator or
26 member of the assembly, whether such candidate does or does not partic-
27 ipate in the public finance program established pursuant to title two of
28 this article.
29 f. Notwithstanding any other contribution limit in this section,
30 participating candidates as defined in subdivision fourteen of section
31 14-200-a of this article may contribute, out of their own money, three
32 times the applicable contribution limit to their own authorized commit-
33 tee.
34 § 2. This act shall take effect immediately.
