NY State Senate Bill 2015-S5073

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to elections
Apr 29, 2015	referred to elections

2015-S5073 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §14-114, rpld §14-124 sub 3, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4549
2011-2012: S44
2013-2014: S174
2017-2018: S4803

2015-S5073 (ACTIVE) - Summary

Reduces campaign contributions limits for candidates for election to public office or party position.

2015-S5073 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5073

TITLE OF BILL:  An act to amend the election law, in relation to
decreasing contribution limitations; and to repeal subdivision 3 of
section 14-124 of such law relating thereto

PURPOSE:

To reduce campaign contributions limits for candidates for election to
public office or party position,

SUMMARY OF PROVISIONS:

Section 1 of the bill amends 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, to lower
contribution limits for individuals or political action committees in
state and local elections as follows: statewide candidates could
receive up to $5,400 per election, i e., $10,800 total (as increased
or decreased by the cost of living adjustment described below); Senate
candidates could receive up to $2,700 per election, i.e , $5,400 total
(as increased or decreased by the cost of living adjustment described
below); Assembly candidates could receive up to $2,700 per election,
i.e., $5,400 total (as increased or decreased by the cost of living
adjustment described below); and for local candidates, depending on
office sought (except for candidates in New York City for mayor,

comptroller, public advocate, borough president or city council), the
individual contribution limit ranges from $1,000 to $3,000 depending
on the number of enrolled voters on active status in the district.

In New York City, for the election of Mayor, Public Advocate,
Comptroller, Borough President, or a member of the City Council,
contributions limits will be equal to the limits set forth in the
Administrative Code of the City of New York (section 3-703 (1)(f)).

Every odd calendar year, contribution limits will be adjusted by the
State Board of Elections based on the monthly Consumer Price Index for
all urban consumers as published by U.S. bureau of labor statistics,
to the nearest $100. Each February, the Board shall issue a regulation
publishing the amount of each contribution limit.

Section one of the bill also eliminates the distinct set of
contribution limits that currently exist for contributions from a
candidate's child, parent, grandparent, brother, sister, or spouse..

Section 2 of the bill amends 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, to lower the annual
individual aggregate contribution limit to all candidates, political
parties and political committees from $150,000 to $25,000. There is an
exception for contributions by a candidate for his or her own
campaign.

Section 3 of the bill amends subdivision 10 of section 14-114 of the
election law, as added by chapter 79 of the laws of 1992, to lower the
annual aggregate contribution limit from all contributors to political
parties or constituted committees to $25,000, as increased or


decreased by a cost of living adjustment by the State Board of
Elections that would occur each odd calendar year, based on the
monthly consumer price index for all urban consumers published by the
U.S. bureau of labor statistics, to the nearest $100. Each February,
the Board shall issue a regulation publishing the amount of each
contribution limit.

Section 4 of the bill repeals subdivision 3 of section 14-124 of the
election law in order to eliminate the ability to contribute unlimited
sums to so-called party committee "housekeeping accounts."

Section 5 of the bill establishes the effective date.

JUSTIFICATION:

New York's campaign finance laws need substantial revision to ensure
the integrity of elections in the state. This bill addresses one of
the ways that New York's laws differ significantly from the laws of
other states that regulate campaign contributions: the extremely high
contributions that may be given to candidates.

Absent reform of the existing contribution limits, for the 2016
election cycle, a single contributor will be able to give up to
$65,100 to a statewide candidate, up from the 2014 statewide-candidate
contribution limit of $60,800 ($19,700 for the primary and $41,100 for
the general election). In 2016, a single contributor will be able to
donate up to $18,000 to a candidate for the New York State Senate, up
from the 2014 limit of $16,800, while an Assembly candidate will be
able to receive $8,800 in 2016 from an individual contributor, up from
$8,200 in 2014.

This bill would, inter alia, reduce the allowable contribution amount
to a candidate for Governor to $5,400 for the primary and $5,400 for
the general election for a total of $10,800 and would reduce the
contribution limit for the state legislature to $2,700 for both the
primary and the general election, for a total of $5,400. These limits
are subject to adjustment by the Board of Elections, to account for
inflation.

LEGISLATIVE HISTORY:

2013-2014- S174/A60- REFERRED TO ELECTIONS/referred to election law
2011-2012- S44/A5878- COMMITTED TO RULES/referred to election law
2009-2010- S4549/A8753- REFERRED TO ELECTIONS/referred to election law

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

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.

2015-S5073 (ACTIVE) - Bill Text download pdf

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

                                  5073

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 29, 2015
                               ___________

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; and to repeal subdivision 3 of section 14-124 of such 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
FOUR  HUNDRED  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
FOUR  HUNDRED  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00970-03-5

S. 5073                             2

accepted, in the aggregate, from any candidate's child,  parent,  grand-
parent,  brother  and  sister, and the spouse of any such persons, shall
not exceed in the case of any nomination  to  public  office  an  amount
equivalent to the product of the number of enrolled voters in the candi-
date's  party  in the state, excluding voters in inactive status, multi-
plied 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 inactive 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 SEVEN 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 SEVEN 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

S. 5073                             3

dollars, whichever is greater, but in no event shall  any  such  maximum
exceed one hundred thousand dollars].
  c.  At the beginning of each [fourth] SECOND calendar year, commencing
in [nineteen hundred ninety-five]  TWO  THOUSAND  SEVENTEEN,  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]  TWO  years
previously. The amount of each contribution limit fixed in this subdivi-
sion  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] SECOND calendar year, commencing
in [nineteen hundred ninety-five]  TWO  THOUSAND  SEVENTEEN,  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]  TWO  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.

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Senate Bill S5073

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2015-S5073 (ACTIVE) - Details

2015-S5073 (ACTIVE) - Summary

2015-S5073 (ACTIVE) - Sponsor Memo

2015-S5073 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5073

Share this bill

Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - In Senate Committee Elections Committee

2015-S5073 (ACTIVE) - Details

2015-S5073 (ACTIVE) - Summary

2015-S5073 (ACTIVE) - Sponsor Memo

2015-S5073 (ACTIVE) - Bill Text download pdf

Comments