Enacts the Judicial Campaign Finance Reform Act of 2009

Summary of provisions of bill

This bill creates a new Article 18 of the election law, comprised of two new titles. Title one provides for public financing of most judicial elections, and title two authorizes local laws for optional local public financing of city, town and village elections. Section 1 includes the following provisions: 18-100 defines terms used in Article 18. In the new section 18-102 the bill provides the requirements eligible candidates must meet in order to qualify for optional public financing.

These requirements include, among others, agreeing to abide by certain campaign standards, strict reporting requirements and raising sufficient funds from small donors to meet a "threshold for eligibility". In the new section 18-104 the bill establishes the permissible uses for qualified campaign expenditures made by participating candidates. Expenditures must, among other things: (a) be made by a single, authorized committee; (b) occur during the calendar year of the election to which the expenditures relate; (c) not exceed the appropriate expenditure limit; (d) not involve self-dealing; (e) be for services at fair market value; (f) be related to a competitive race; (g) not include expenses related to challenging opposing candidate's ballot access. Section 18106 provides for optional public financing.

Eligible candidates who have received sufficient contributions to meet the threshold for eligibility are entitled to matching funds equal to two dollars for every one dollar of matchable contributions. These matching funds can then be used to make eligible expenditures. Under certain circumstances the match ratio doubles. For example, when an opposing candidate who is not participating in the optional public financing program spends more than one-third of the expenditure limit applicable to the participating candidate, the match ratio is doubled. For purposes of the new Article 18, a "matchable contribution" is a contribution of less than $500 from a natural person resident in the state of New York. Section 18-108 provides a campaign contribution limit of 5500 for all judicial offices. However, if a non-participating candidate in a judicial race spends more than one-third of the expenditure limit applicable to a publicly financed candidate, the contribution limit for the publicly financed candidate is doubled. Section 18-110 applies limitations to all

expenditures by eligible candidates and their authorized committees. For each election, the expenditure limit is $75,000 or the formula amount ($1.75 x number of voters eligible to participate in the election), whichever is less. There are no expenditure limits, however, for participating candidates if a nonparticipating candidate spends more than one-third of the expenditure limit. Section 18-112 provides that the state board of election shall conduct an examination and audit of the contributions and qualified campaign expenses of the authorized committee of every eligible candidate. Sections 18-114 and 18-116 provide authorized criminal and civil penalties for certain violations of Article 18. Title II of Article 18 authorizes local law for public campaign financing of judicial campaigns. Section two of the bill creates a "judicial election campaign fund" for the purposes of funding public financing of judicial campaigns. Section three of the bill provides that party expenditures on behalf of judicial candidates are subject to contribution limits. Section four of the bill provides effective dates.

Justification

Contribution limits and public campaign-financing of judicial elections will help ensure that judicial campaigns are free from impropriety, special privilege and unwarranted appearances of impropriety. This legislation would complement broader legislation introduced in the Assembly which would enact an optional partial public campaign financing system for non-judicial offices.

Legislative history

2009: A6728 - A. Election Law 2007-08: A.2926 - A. Election Law 2006: A.8 -A A. Calendar 2005: A.8 - Passed Assembly 2004: A.11457 - Passed Assembly

Fiscal implications for state an) local governments

The bill is estimated to cost on average $5 Million per year beginning in fiscal year 2009.

Effective date

Immediately.