What's happening
This bill allows publicly financed candidates in New York City to raise and spend more private funds if facing a wealthy self-funded opponent who declines voluntary spending limits.
Why it matters
Levels the playing field for publicly financed candidates. By allowing a waiver of fundraising and spending limits when facing a self-financed opponent who refuses voluntary limits, the bill aims to prevent wealthy candidates from overpowering opponents strictly limited by public financing rules.
Targets financial disparity in campaigns. The waiver can only be granted if there is a “substantial financial disadvantage” due to the personal wealth disparity, directly addressing concerns about fairness and competitiveness in elections.
Establishes safeguards against excessive spending. Even after receiving the waiver, publicly financed candidates cannot outspend their self-financed opponent; their expenditures are capped at the amount spent by the wealthy opponent, helping to avoid runaway campaign spending.
Preserves public funds accountability. The bill keeps the existing limits on public matching funds intact, ensuring that the waiver only applies to private fundraising and spending, not to the use of public money.
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Who cares
Publicly funded New York City candidates
They could apply for a waiver of private fundraising and spending limits if a self-funded opponent declines a voluntary cap and they demonstrate a substantial financial disadvantage.
Self-funded New York City candidates
The Campaign Finance Board would propose a voluntary personal-funds spending cap of no more than 125 percent of its recommended expenditure limit for the office contested.
New York City Campaign Finance Board
The board would set waiver application procedures and decide whether to grant waivers, while leaving matching-fund limits unchanged.
Campaign teams for waiver recipients
They would have to keep total spending at or below their self-funded opponent’s spending as reported to the State Board of Elections.
Headline styles
Level Campaign Finance Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to election law
- Referred to election law
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
83
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. PERRY -- read once and referred to the Committee on Election Law
AN ACT to amend the administrative code of the city of New York, in relation to fair competition for publicly financed candidates by establishing the Bloomberg waiver
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (iii) of paragraph (a) of subdivision 1 of section 3-718 of the administrative code of the city of New York, as separately added by local law numbers 58, 59 and 60 of the city of New York for the year 2004, is amended to read as follows:
(iii) (A) file a written certification in such form as may be prescribed by the campaign finance board, which sets forth his or her acceptance of and agreement to comply with the terms and conditions of this section and the rules promulgated hereby, which includes an affirmation that the candidate has a sufficient amount of personal funds to fund his or her campaign; [and]
(B) that the campaign finance board shall propose to such candidate a voluntary personal funds spending limit of not more than one hundred twenty-five percent of such campaign finance board's recommended expenditure limit of the elected office contested; provided, however, that if such limit is declined by such candidate, a Bloomberg waiver of the existing limitations on an opposing, publicly funded candidate's ability to raise and expend private funds may be granted by the campaign finance board upon application, in a manner determined by such board, and upon a showing of substantial financial disadvantage demonstrated by the disparity in personal funds available; provided, however, that once such waiver is granted, the financially disadvantaged candidate may not expend a greater amount than the amount expended by the personally fund-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02622-01-9
A. 83 2
ed opponent as reported to the state board of elections; except that the limitations on matching funds shall not be modified; and
(C) the deadline for filing such certification for a primary, general, or special election shall be the deadline date for filing written certifications pursuant to paragraph (c) of subdivision one of section [3-703(1)(c)] 3-703 by candidates seeking nomination for election or election to the same office in the same calendar year as candidates seeking to file a certification pursuant to this subparagraph, and the provisions of paragraph (c) of subdivision one of [such] section [3-703(1)(c)] 3-703 relating to the occurrence of an "extraordinary circumstance" shall apply to limited participating candidates; and
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law and shall apply to elections occurring on or after such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.