What's happening
This bill establishes a public campaign financing system with matching funds for New York State Supreme Court and District Attorney candidates, funded by the abandoned property fund.
Why it matters
Aims to reduce the influence of large donors in judicial and district attorney races. by creating a 6-to-1 public match for small-dollar contributions, encouraging candidates to seek more support from ordinary voters rather than relying on big contributors.
Sets strict eligibility and spending rules for participating candidates. , including lower contribution limits, rigorous reporting, and spending restrictions, which could lead to greater transparency, reduce potential for corruption, and ensure that public funds are used appropriately.
Uses the abandoned property fund as a funding source. , diverting unclaimed financial assets to support public campaign financing, which may be less controversial than new taxes but could affect how those funds are used for other purposes.
Requires robust oversight, audits, and penalties for misuse. , establishing mandatory audits for all participants, strict penalties for violations or misuse of funds, and a system for timely repayment of unspent or improperly spent public money—potentially increasing accountability and public trust in elections for these key legal offices.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Expand Public Campaign Financing
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
No co-sponsors yet.
History
- Referred to elections
- Referred to elections
Full text
11 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2303
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sen. KAVANAGH -- 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 matching financing; and to amend the state finance law, in relation to the New York state campaign finance fund and the abandoned property fund
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The article heading of article 14 of the election law is amended to read as follows:
CAMPAIGN RECEIPTS AND EXPENDITURES; MATCHING FINANCING
§ 2. Sections 14-100 through 14-132 of article 14 of the election law are designated title I and a new title heading is added to read as follows:
CAMPAIGN RECEIPTS AND EXPENDITURES
§ 3. Article 14 of the election law is amended by adding a new title II to read as follows:
TITLE II
MATCHING FINANCING Section 14-200. Definitions.
14-201. Reporting requirements.
14-202. Contribution limits.
14-203. Proof of compliance.
14-204. Eligibility.
14-205. Limits on matching financing.
14-206. Payment of matching funds.
14-207. Use of matching funds; qualified campaign expenditures.
14-208. Powers and duties of board.
14-209. Audits and repayments.
14-210. Enforcement and penalties for violations and other
proceedings.
14-211. Reports.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02210-01-9
S. 2303 2
14-212. Debates for candidates for district attorney or justice
of the supreme court.
14-213. Severability.
§ 14-200. Definitions. For the purposes of this title, the following terms shall have the following meanings:
1. The term "authorized committee" shall mean the single committee designated by a candidate pursuant to section 14-201 of this title to receive contributions and make expenditures in support of the candidate's campaign.
2. The term "board" shall mean the state board of elections.
3. The term "contribution" shall have the same meaning as appears in subdivision nine of section 14-100 of this article.
4. The term "contributor" shall mean any person or entity that makes a contribution.
5. The term "covered election" shall mean any primary or general election for nomination for election, or election, to the office of district attorney or justice of the supreme court.
6. The term "election cycle" shall mean: (a) for a district attorney, the four year period starting after the day after the last general election for candidates for statewide office; (b) for a justice of the supreme court, the fourteen year period starting the day after the last general election for candidates for statewide office.
7. The term "expenditure" shall mean any gift, subscription, advance, payment, or deposit of money or anything of value, or a contract to make any gift, subscription, payment, or deposit of money or anything of value, made in connection with the nomination for election, or election, of any candidate. Expenditures made by contract are deemed made when such funds are obligated.
8. The term "fund" shall mean the New York state campaign finance fund.
9. The term "immediate family" shall mean a spouse, domestic partner, child, sibling or parent.
10. The term "intermediary" shall mean an individual, corporation, partnership, political committee, employee organization or other entity which bundles, causes to be delivered or otherwise delivers any contribution from another person or entity to a candidate or authorized committee, other than in the regular course of business as a postal, delivery or messenger service. Provided, however, that an "intermediary" shall not include spouses, domestic partners, parents, children or siblings of the person making such contribution or a staff member or volunteer of the campaign identified in writing to the state board of elections. Here "causes to be delivered" shall include providing postage, envelopes or other shipping materials for the use of delivering the contribution to the ultimate recipient.
11. The term "item with significant intrinsic and enduring value" shall mean any item, including tickets to an event, that are valued at twenty-five dollars or more.
12. (a) The term "matchable contribution" shall mean a contribution, contributions or a portion of a contribution or contributions for any covered elections held in the same election cycle, made by a natural person who is a resident in the state of New York to a participating candidate, that has been reported in full to the board in accordance with sections 14-102 and 14-104 of this article by the candidate's authorized committee and has been contributed on or before the day of the applicable election. Any contribution, contributions, or a portion
S. 2303 3
of a contribution determined to be invalid for matching funds by the board may not be treated as a matchable contribution for any purpose.
(b) The following contributions are not matchable:
(i) loans;
(ii) in-kind contributions of property, goods, or services;
(iii) contributions in the form of the purchase price paid for an item with significant intrinsic and enduring value;
(iv) transfers from a party or constituted committee;
(v) anonymous contributions or contributions whose source is not itemized as required by section 14-201 of this title;
(vi) contributions gathered during a previous election cycle;
(vii) illegal contributions;
(viii) contributions from persons under eighteen;
(ix) contributions from vendors for campaigns; and
(x) contributions from lobbyists registered pursuant to subdivision (a) of section one-c of the legislative law.
13. The term "nonparticipating candidate" shall mean a candidate for a covered election who fails to file a written certification in the form of an affidavit under section 14-204 of this title by the applicable deadline.
14. The term "participating candidate" shall mean any candidate for nomination for election, or election, to the office of district attorney or justice of the supreme court who files a written certification in the form of an affidavit pursuant to section 14-204 of this title.
15. The term "post-election period" shall mean the six months following the election for a district attorney or a supreme court justice when such candidate is subject to an audit.
16. The term "qualified campaign expenditure" shall mean an expenditure for which public matching funds may be used.
17. The term "threshold for eligibility" shall mean the amount of matchable contributions that a candidate's authorized committee must receive in total in order for such candidate to qualify for voluntary public financing under this title.
18. The term "transfer" shall mean any exchange of funds between a party or constituted committee and a candidate or any of his or her authorized committees.
§ 14-201. Reporting requirements. 1. Only one authorized committee per participating candidate for district attorney or justice of the supreme court. Before receiving any contribution or making any expenditure for a covered election, each candidate shall notify the board as to the existence of his or her authorized committee that has been approved by such candidate. Each candidate shall have one and only one authorized committee per elective office sought. Each authorized committee shall have a treasurer and is subject to the restrictions found in section 14-112 of this article.
2. Disclosure reports. (a) Detailed reporting. Each authorized and political committee shall report to the board every contribution and loan received and every expenditure made in the time and manner prescribed by sections 14-102, 14-104 and 14-108 of this article. For contributors who make contributions of one hundred dollars or more, each authorized and political committee shall report to the board the occupation, and business address of each contributor, lender, and intermediary. The receipt of any contribution or loan in excess of one thousand dollars shall be disclosed within forty-eight hours of receipt, and shall be reported in the same manner as any other contribution or loan on the next applicable statement. The board shall revise, prepare and
S. 2303 4
post forms on its webpage that facilitate compliance with the requirements of this section.
(b) Board review. The board shall review each disclosure report filed and shall inform authorized and political committees of relevant questions it has concerning: (i) compliance with requirements of this title and of the rules issued by the board; and (ii) qualification for receiving public matching funds pursuant to this title. In the course of this review, the board shall give authorized and political committees an opportunity to respond to and correct potential violations and give candidates an opportunity to address questions the unit has concerning their matchable contribution claims or other issues concerning eligibility for receiving public matching funds pursuant to this title. Nothing in this paragraph shall preclude the board from subsequently reviewing such disclosure reports and taking any action otherwise authorized under this title.
(c) Itemization. Contributions that are not itemized in reports filed with the board shall not be matchable.
(d) Option to file more frequently. Participating candidates may file reports of contributions as frequently as once a week on Friday so that their matching funds may be paid at the earliest allowable date.
§ 14-202. Contribution limits. Recipients of funds pursuant to this title shall be subject to the following contribution limits:
1. In the election for district attorney or justice of the supreme court, or for nomination to such office, no contributor may make a contribution to any candidate or political committee participating in the state's public campaign financing system as defined in this title, and no such candidate or political committee may accept any contribution from any contributor, which is in the aggregate amount greater than: (a) in the case of any nomination to a district attorney or a justice of the supreme court, the product of the total number of enrolled voters in the jurisdiction in which such participating candidate is seeking office, excluding voters in inactive status, multiplied by $.005, but such amount shall be not more than six thousand dollars and (b) in the case of any election to such public office, six 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 nomination to public office an amount equivalent to the product of the number of enrolled voters in the jurisdiction in which such participating candidate is seeking office, excluding 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 inactive status, multiplied by $.025.
2. In the event that a candidate for district attorney or justice of the supreme court has received a contribution which exceeds the limitations of this subdivision prior to becoming a participating candidate in the state's matching campaign financing system, the candidate shall either (a) deposit any amount in excess of the contribution limit set forth in this subdivision, into a segregated account where it shall not be withdrawn for campaign expenditures for any district attorney or justice of the supreme court election; or (b) return any amount in excess of the contribution limit set forth in this section, by bank check or certified check made out to the contributor.
§ 14-203. Proof of compliance. Authorized and political committees shall maintain such records of receipts and expenditures for a covered
S. 2303 5
election as required by the board. Authorized and political committees shall obtain and furnish to the board any information it may request relating to financial transactions or contributions and furnish such documentation and other proof of compliance with this title as may be requested. In compliance with section 14-108 of this article, authorized and political committees shall maintain copies of such records for a period of five years.
§ 14-204. Eligibility. 1. Terms and conditions. To be eligible for voluntary public financing under this title, a candidate must:
(a) be a candidate in a covered election;
(b) meet all the requirements of law to have his or her name on the ballot;
(c) in the case of a covered general election, be opposed by another candidate on the ballot who is not a write-in candidate;
(d) submit a certification in the form of an affidavit, in such form as may be prescribed by the board, that sets forth his or her acceptance of and agreement to comply with the terms and conditions for the provision of such funds in each covered election and such certification shall be submitted before the election pursuant to a schedule promulgated by the board;
(e) be certified as a participating candidate by the board;
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to matching financing; and to amend the state finance law, in relation to the New York state campaign finance fund and the abandoned property fund
Purpose
To provide public financing for the elections to the office of district attorney and justice of the supreme court in order to limit the influ- ence of large donors, corporate influence and maintain public confidence in our court system.
Summary of provisions
The bill adds a new title to Article 14 to provide for optional public financing of primary and general election campaigns for the election to the offices of district attorney and justice of the supreme court.
Read the full memo (1,068 words)
Criteria for participation
To be eligible for public financing, a candidate for nomination or election to the office of district attorney or supreme court must satis- fy the legal requirements for having his or her name on the ballot; elect to participate in the public financing system; meet the threshold for eligibility; agree to file required statements and follow the provisions of this act; and authorize a single participating committee. Participating candidates who are unopposed in a primary election may not receive public funds.
Eligibility threshold
Candidates must collect at least ten thousand dollars from at least seven hundred fifty contributions comprised of sums between ten and seventy-five dollars per individual contributors who must reside in New York State.
Contribution limits
All candidates have a contribution limit of six thousand dollars per contributor.
The match
Matching funds shall be six dollars for each one dollar of qualified campaign expenditures, for the first one hundred seventy-five dollars per contributor. In a primary election, receipt of matching funds by the candidate and by a participating committee shall not exceed two hundred fifty thousand dollars. In a general election, receipt of matching funds by a candidates authorized committee shall not exceed one million dollars.
Permissable and prohibited uses of public funds
Matching funds may be used only for qualified campaign expenditures including paying for debts incurred within one year prior to an election to further the participating candidate's nomination for election or election. Exclusions to using matching funds include expenditures in violation of law, payments in excess of fair market value, any expendi- ture after the candidate or the candidate's only remaining opponent has been finally disqualified, payments to immediate family members of the candidate, to challenge an opponent's petitions or certificates, non- campaign related food, drink, or entertainment, or for gifts.
Sources of funding
The bill provides for the establishment of a campaign finance fund from revenues received from the abandoned property fund. The state comp- troller and the commissioner of taxation and finance will have joint custody of the fund. Moneys of the fund, following appropriation by the legislature, may be expended for the purposes of making payments to candidates as set forth in this title.
Enforcement and penalties
The civil penalty provision provides that knowing violations of any provision of this title or rule promulgated pursuant to this title shall be subject to a penalty in an amount not to exceed ten thousand dollars.
The criminal penalty provision provides that any person who knowingly and willfully furnishes or submits false statements or information shall be guilty of a misdemeanor in addition to any other penalty as may be imposed under this chapter or pursuant to any other law.
Reports
The board of elections is required to submit a report to the governor, the temporary president of the senate, and the speaker of the assembly, which shall include a list of the participating and nonparticipating candidates in the covered elections and the votes received; the amount of contributions and loans received and expenditures made, on behalf of these candidates; the amount of public matching funds each participating candidate received, spent, and repaid pursuant to this title; an analy- sis of the effect of this title on political campaigns; and recommenda- tions for amendments to this title.
Justification
As Chief Justice John Roberts noted in the 2014 Supreme Court of the United States decision Williams-Yulee v. Florida Bar, the judiciary maintains its authority in a unique way. While politicians are expected to balance a variety of interests and receive support from various quar- ters, judges must be seen by the public as being fair and above influ- ence. "In deciding cases, a judge is not to follow the preferences of his supporters, or provide any special consideration to his campaign donors," Roberts wrote. A state's interest in preserving public confi- dence in the integrity of its judiciary is compelling. This argument also applies to that of district attorney, another office in our judi- cial system where public confidence in its integrity is also compelling.
This legislation for public campaign financing will help to maintain the integrity of and confidence in our judicial system by limiting the influence of the monies form large donors and corporations in the elections of supreme court justices and district attorneys. In addition, public financing of elections is likely to expand the pool of candidates for office. This bill provides a comprehensive yet balanced approach to the public financing of the election of district attorney and justice of the supreme court. It contains significant but realistic limitations on expenditures and contribution receipts, a means for recovering public funds when they are unspent, excessive or used for prohibited purposes, and penalties for violations of the filing require- ments or the expenditure limitations for participants.
Finally, the "matching contribution" structure of the program has several advantages. It will reduce the amount of time a candidate spends raising money, leaving more time to address the issues that are impor- tant to the public.
This bill will help to maintain the integrity of our judicial system and allow challengers and incumbents to compete fairly while capping the amount of public funds that will be expended.
Prior legislative history
2018: S8174/A5841 - REFERRED TO ELECTIONS/ amended and recommitted to election law
2017: A5841 referred to election law
Fiscal implications for state and local governments
There will be minimal fiscal impact to the state as the State Comp- troller and the State Department of Taxation and Finance will jointly administer the fund and the fund will be financed with monies from the abandoned property fund.
There will be no impact to local governments.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.