STATE OF NEW YORK
________________________________________________________________________
4803
2017-2018 Regular Sessions
IN SENATE
March 1, 2017
___________
Introduced by Sen. SQUADRON -- 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 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] ten 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
21 any election to a public office, [twenty-five] fifteen thousand dollars
22 as increased or decreased by the cost of living adjustment described in
23 paragraph c of this subdivision[; provided however, that the maximum
24 amount which may be so contributed or accepted, in the aggregate, from
25 any candidate's child, parent, grandparent, brother and sister, and the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03065-01-7
S. 4803 2
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 b. In any other election for party position or for election to a
9 public office or for nomination for any such office, no contributor may
10 make a contribution to any candidate or political committee and no
11 candidate or political committee may accept any contribution from any
12 contributor, which is in the aggregate amount greater than: (i) in the
13 case of any election for party position, or for nomination to public
14 office, the product of the total number of enrolled voters in the candi-
15 date's party in the district in which he is a candidate, excluding
16 voters in inactive status, multiplied by $.05, and (ii) in the case of
17 any election for a public office, the product of the total number of
18 registered voters in the district, excluding voters in inactive status,
19 multiplied by $.05[,]; but in no event shall any such maximum exceed
20 three thousand dollars or be less than one thousand dollars as increased
21 or decreased by the cost of living adjustment described in paragraph c
22 of this subdivision; however in the case of a nomination or election
23 within the city of New York for the office of mayor, public advocate
24 [or], comptroller, borough president or member of the city council, such
25 amount shall be [not less than four thousand dollars nor more than
26 twelve thousand dollars as increased or decreased by the cost of living
27 adjustment described in paragraph c of this subdivision; in the case of
28 an election within the city of New York for the office of mayor, public
29 advocate or comptroller, twenty-five thousand dollars as increased or
30 decreased by the cost of living adjustment described in paragraph c of
31 this subdivision] equal to the contribution limits set forth in para-
32 graph (f) of subdivision one of section 3-703 of the administrative code
33 of the city of New York; provided however in the case of a nomination or
34 election for state senator, such amount shall be [four] six thousand
35 dollars as increased or decreased by the cost of living adjustment
36 described in paragraph c of this subdivision; [in the case of an
37 election for state senator, six thousand two hundred fifty dollars as
38 increased or decreased by the cost of living adjustment described in
39 paragraph c of this subdivision;] in the case of [an election or] a
40 nomination or election for a member of the assembly, [twenty-five
41 hundred] three thousand dollars as increased or decreased by the cost of
42 living adjustment described in paragraph c of this subdivision[; but in
43 no event shall any such maximum exceed fifty thousand dollars or be less
44 than one thousand dollars; provided however, that the maximum amount
45 which may be so contributed or accepted, in the aggregate, from any
46 candidate's child, parent, grandparent, brother and sister, and the
47 spouse of any such persons, shall not exceed in the case of any election
48 for party position or nomination for public office an amount equivalent
49 to the number of enrolled voters in the candidate's party in the
50 district in which he is a candidate, excluding voters in inactive
51 status, multiplied by $.25 and in the case of any election to public
52 office, an amount equivalent to the number of registered voters in the
53 district, excluding voters in inactive status, multiplied by $.25; or
54 twelve hundred fifty dollars, whichever is greater, or in the case of a
55 nomination or election of a state senator, twenty thousand dollars,
56 whichever is greater, or in the case of a nomination or election of a
S. 4803 3
1 member of the assembly twelve thousand five hundred dollars, whichever
2 is greater, but in no event shall any such maximum exceed one hundred
3 thousand dollars].
4 c. At the beginning of each [fourth] second calendar year, commencing
5 in [nineteen hundred ninety-five] two thousand eighteen, the state board
6 shall determine the percentage of the difference between the most recent
7 available monthly consumer price index for all urban consumers published
8 by the United States bureau of labor statistics and such consumer price
9 index published for the same month [four] two years previously. The
10 amount of each contribution limit fixed in this subdivision shall be
11 adjusted by the amount of such percentage difference to the closest one
12 hundred dollars by the state board which, not later than the first day
13 of February in each such year, shall issue a regulation publishing the
14 amount of each such contribution limit. Each contribution limit as so
15 adjusted shall be the contribution limit in effect for any election held
16 before the next such adjustment.
17 § 2. Subdivision 10 of section 14-114 of the election law, as added by
18 chapter 79 of the laws of 1992, is amended to read as follows:
19 10. a. No contributor may make a contribution to a party or consti-
20 tuted committee and no such committee may accept a contribution from any
21 contributor which, in the aggregate, is greater than [sixty-two] twen-
22 ty-five thousand [five hundred] dollars per annum.
23 b. At the beginning of each [fourth] second calendar year, commencing
24 in [nineteen hundred ninety-five] two thousand eighteen, the state board
25 shall determine the percentage of the difference between the most recent
26 available monthly consumer price index for all urban consumers published
27 by the United States bureau of labor statistics and such consumer price
28 index published for the same month [four] two years previously. The
29 amount of such contribution limit fixed in paragraph a of this subdivi-
30 sion shall be adjusted by the amount of such percentage difference to
31 the closest one hundred dollars by the state board which, not later than
32 the first day of February in each such year, shall issue a regulation
33 publishing the amount of such contribution limit. Such contribution
34 limit as so adjusted shall be the contribution limit in effect for any
35 election held before the next such adjustment.
36 § 3. Subdivision 3 of section 14-124 of the election law, as amended
37 by section 1 of part B of chapter 286 of the laws of 2016, is amended to
38 read as follows:
39 3. The contribution and receipt limits of this article shall not apply
40 to monies received and expenditures made by a party committee or consti-
41 tuted committee to maintain a permanent headquarters and staff and carry
42 on ordinary activities which are not for the express purpose of promot-
43 ing the candidacy of specific candidates; provided that such monies
44 described in this subdivision shall be deposited in a segregated
45 account. Contributions made for such activities to a party committee or
46 constituted committee shall be limited to twenty-five thousand dollars
47 in the aggregate from each contributor in each year.
48 § 4. This act shall take effect on the one hundred eightieth day after
49 it shall have become a law; provided, that contributions legally
50 received prior to the effective date of this act may be retained and
51 expended for lawful purposes and shall not provide the basis for a
52 violation of article 14 of the election law, as amended by this act; and
53 provided, further, that the state board of elections shall notify all
54 candidates and political committees of the applicable provisions of this
55 act within thirty days after this act shall have become a law.
