S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5878

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2011
                               ___________

Introduced  by  M. of A. KAVANAGH, STEVENSON -- Multi-Sponsored by -- M.
  of A. THIELE -- read once and referred to the  Committee  on  Election
  Law

AN ACT to amend the election law, in relation to decreasing contribution
  limitations;  and  to  repeal  subdivision  3 of section 14-124 of the
  election law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision 1 of section 14-114 of the election law, as
amended by chapter 79 of the laws of 1992, paragraphs a and b as amended
by chapter 659 of the laws of 1994, is amended to read as follows:
  1. The following limitations apply to all contributions to  candidates
for election to any public office or for nomination for any such office,
or  for  election  to  any  party positions, and to all contributions to
political committees working directly or indirectly with  any  candidate
to  aid or participate in such candidate's nomination or election, other
than any contributions to any party committee or constituted committee:
  a. In any election for a public office to be voted on by the voters of
the entire state, or for nomination to any such office,  no  contributor
may  make a contribution to any candidate or political committee, and no
candidate or political committee may accept any  contribution  from  any
contributor,  which is in the aggregate amount greater than:  (i) in the
case of any nomination to public office, the product of the total number
of enrolled voters in the candidate's  party  in  the  state,  excluding
voters in inactive status, multiplied by $.005, but such amount shall be
not less than four thousand dollars nor more than [twelve] FIVE thousand
dollars  as  increased  or  decreased  by  the cost of living adjustment
described in paragraph c of this subdivision, and (ii) in  the  case  of
any  election to a public office, [twenty-five] FIVE thousand dollars as
increased or decreased by the cost of  living  adjustment  described  in
paragraph  c  of  this  subdivision[; provided however, that the maximum
amount which may be so contributed or accepted, in the  aggregate,  from
any  candidate's child, parent, grandparent, brother and sister, and the
spouse of any such persons, shall not exceed in the case  of  any  nomi-

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00015-01-1

A. 5878                             2

nation  to  public  office  an  amount  equivalent to the product of the
number of enrolled voters in the candidate's party in the state, exclud-
ing voters in inactive status, multiplied by $.025, and in the  case  of
any election for a public office, an amount equivalent to the product of
the  number  of registered voters in the state excluding voters in inac-
tive status, multiplied by $.025].
  b. In any other election for party  position  or  for  election  to  a
public  office or for nomination for any such office, no contributor may
make a contribution to any  candidate  or  political  committee  and  no
candidate  or  political  committee may accept any contribution from any
contributor, which is in the aggregate amount greater than: (i)  in  the
case  of  any  election  for party position, or for nomination to public
office, the product of the total number of enrolled voters in the candi-
date's party in the district in  which  he  is  a  candidate,  excluding
voters  in  inactive status, multiplied by $.05, and (ii) in the case of
any election for a public office, the product of  the  total  number  of
registered  voters in the district, excluding voters in inactive status,
multiplied by $.05[,]; BUT IN NO EVENT SHALL  ANY  SUCH  MAXIMUM  EXCEED
THREE  THOUSAND DOLLARS OR BE LESS THAN ONE THOUSAND DOLLARS; however in
the case of a nomination OR ELECTION within the city of New York for the
office of mayor, public advocate [or], comptroller, BOROUGH PRESIDENT OR
MEMBER OF THE CITY COUNCIL, such amount shall be  [not  less  than  four
thousand  dollars  nor more than twelve thousand dollars as increased or
decreased by the cost of living adjustment described in paragraph  c  of
this subdivision; in the case of an election within the city of New York
for  the  office  of  mayor, public advocate or comptroller, twenty-five
thousand dollars as increased or decreased by the cost of living adjust-
ment described in paragraph c of this subdivision] EQUAL TO THE CONTRIB-
UTION LIMITS SET FORTH IN PARAGRAPH (F) OF SUBDIVISION  ONE  OF  SECTION
3-703  OF  THE  ADMINISTRATIVE  CODE  OF  THE CITY OF NEW YORK; PROVIDED
HOWEVER in the case of a  nomination  OR  ELECTION  for  state  senator,
[four]  TWO  thousand  FOUR HUNDRED dollars as increased or decreased by
the cost of living adjustment described in paragraph c of this  subdivi-
sion;  [in  the  case of an election for state senator, six thousand two
hundred fifty dollars as increased or decreased by the  cost  of  living
adjustment described in paragraph c of this subdivision;] in the case of
[an  election or] A nomination OR ELECTION for a member of the assembly,
[twenty-five hundred] TWO THOUSAND FOUR HUNDRED dollars as increased  or
decreased  by  the cost of living adjustment described in paragraph c of
this subdivision[; but in no event shall any such maximum  exceed  fifty
thousand dollars or be less than one thousand dollars; provided however,
that  the maximum amount which may be so contributed or accepted, in the
aggregate, from any candidate's child, parent, grandparent, brother  and
sister, and the spouse of any such persons, shall not exceed in the case
of  any  election  for party position or nomination for public office an
amount equivalent to the number of enrolled voters  in  the  candidate's
party  in  the  district in which he is a candidate, excluding voters in
inactive status, multiplied by $.25 and in the case of any  election  to
public  office,  an amount equivalent to the number of registered voters
in the district, excluding voters  in  inactive  status,  multiplied  by
$.25;  or  twelve hundred fifty dollars, whichever is greater, or in the
case of a nomination or election of a  state  senator,  twenty  thousand
dollars,  whichever  is  greater,  or  in  the  case  of a nomination or
election of a member  of  the  assembly  twelve  thousand  five  hundred
dollars,  whichever  is  greater, but in no event shall any such maximum
exceed one hundred thousand dollars].

A. 5878                             3

  c. At the beginning of each fourth calendar year, commencing in [nine-
teen hundred ninety-five] TWO THOUSAND TWELVE,  the  state  board  shall
determine  the  percentage  of  the  difference between the [most recent
available  monthly]  consumer  price  index  for  all  urban   consumers
published  by  the  United  States  bureau  of labor statistics and such
consumer price index published for the same month four years previously.
The amount of each contribution limit fixed in this subdivision shall be
adjusted by the amount of such percentage difference to the closest  one
hundred  dollars  by the state board which, not later than the first day
of February in each such year, shall issue a regulation  publishing  the
amount  of  each  such contribution limit. Each contribution limit as so
adjusted shall be the contribution limit in effect for any election held
before the next such adjustment.
  S 2. Subdivision 8 of section 14-114 of the election law,  as  amended
by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
laws of 1978, is amended to read as follows:
  8.  A.  Except  as may otherwise be provided [for] BY a candidate [and
his family] FOR HIS OR HER OWN CAMPAIGN, no NATURAL person may  contrib-
ute,  loan  or  guarantee  in  excess of [one hundred fifty] TWENTY-FIVE
thousand dollars within the state OF NEW YORK IN ANY  CALENDAR  YEAR  in
connection  with  the  nomination or election of [persons to] CANDIDATES
FOR state [and] OR local public offices [and] OR party positions [within
the state of New York in any one calendar year].
  B. For the purposes of this subdivision "loan"  or  "guarantee"  shall
mean a loan or guarantee which is not repaid or discharged in the calen-
dar year in which it is made.
  S 3. Subdivision 10 of section 14-114 of the election law, as added by
chapter 79 of the laws of 1992, is amended to read as follows:
  10.  a.  No  contributor may make a contribution to a party or consti-
tuted committee and no such committee may accept a contribution from any
contributor which, in the aggregate, is greater than  [sixty-two]  TWEN-
TY-FIVE thousand [five hundred] dollars per annum.
  b. At the beginning of each fourth calendar year, commencing in [nine-
teen  hundred  ninety-five] TWO THOUSAND THIRTEEN, the state board shall
determine the percentage of  the  difference  between  the  most  recent
available monthly consumer price index for all urban consumers published
by  the United States bureau of labor statistics and such consumer price
index published for the same month four years previously. The amount  of
such  contribution  limit fixed in paragraph a of this subdivision shall
be adjusted by the amount of such percentage difference to  the  closest
one  hundred  dollars by the state board which, not later than the first
day of February in each such year, shall issue a  regulation  publishing
the  amount  of  such  contribution limit. Such contribution limit as so
adjusted shall be the contribution limit in effect for any election held
before the next such adjustment.
  S 4. Subdivision 3 of section 14-124 of the election law is REPEALED.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall  have  become  a  law;  provided,  that  contributions  legally
received  prior  to  the  effective date of this act may be retained and
expended for lawful purposes and shall  not  provide  the  basis  for  a
violation of article 14 of the election law, as amended by this act; and
provided,  further,  that  the state board of elections shall notify all
candidates and political committees of the applicable provisions of this
act within thirty days after this act shall have become a law.