What's happening
This bill increases disclosure requirements for political ads, lowers campaign contribution limits, and expands bans on corporate and organizational contributions in New York elections.
Why it matters
Expanded disclosure for political ads. The bill requires that all independent political ads include not only the sponsor’s name but also the names of their top five contributors from the past year, giving voters more information about who is funding political messaging.
Lower and fixed contribution limits. By eliminating automatic cost-of-living increases and cutting maximum donation amounts (for example, party committee limits drop from $62,500 to $25,000 per year), the bill aims to reduce the overall influence of large donors and prevent future inflation-driven increases.
Sweeping ban on organizational donations. The new language prohibits nearly all corporations, LLCs, labor unions, associations, and other groups (except party committees) from making political contributions, closing major loopholes that allowed these entities to influence campaigns through direct or indirect donations.
Potential impact on campaign financing. By tightening who can give and how much, and by increasing transparency, the bill could lead to smaller, more diversified campaign war chests and make it harder for major donors and special interests to dominate New York elections.
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Who cares
Headline styles
Limit Political Donations, Require Disclosure
Plain English, a few words. Used as the page title.
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History
- Referred to elections
- Referred to elections
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2350
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
Introduced by Sen. RANZENHOFER -- 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 media disclosure requirements and political contribution limitations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 14-107 of the election law, as amended by section 5 of part JJJ of chapter 59 of the laws of 2018, is amended to read as follows:
2. Whenever any person makes an independent expenditure, such communication shall clearly state the name of the person who paid for, or otherwise published or distributed the communication [and], state, with respect to communications regarding candidates, that the communication was not expressly authorized or requested by any candidate, or by any candidate's political committee or any of its agents and shall in addition disclose the names of the five contributors making the largest total contributions to the person making the independent expenditure, or if there are fewer than five contributors, the names of all contributors during the prior twelve months. At a minimum such disclosure shall read: "this communication has been sponsored by ----. This communication was not expressly authorized or requested by any candidate, or by any candidate's political committee or any of its agents. The names of the five largest contributors to the sponsor during the past twelve months are: --------".
§ 2. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08598-01-9
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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 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 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 nomination to public office an amount equivalent to the product of the number of enrolled voters in the candidate's party in the state, 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.
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 candidate'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, however in the case of a nomination within the city of New York for the office of mayor, public advocate or comptroller, 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 adjustment described in paragraph c of this subdivision]; in the case of a nomination for state senator, four 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 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 nomination for a member of the assembly, twenty-five 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] twenty-five 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,
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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.
[c. At the beginning of each fourth calendar year, commencing in nineteen hundred ninety-five, 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.]
§ 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 constituted committee and no such committee may accept a contribution from any contributor which, in the aggregate, is greater than [sixty-two] twenty-five thousand [five hundred] dollars per annum.
[b. At the beginning of each fourth calendar year, commencing in nineteen hundred ninety-five, 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.]
§ 4. Section 14-116 of the election law, subdivision 1 as redesignated by chapter 9 of the laws of 1978 and subdivision 2 as amended by chapter 260 of the laws of 1981, is amended to read as follows:
§ 14-116. Political contributions by certain organizations. 1. No corporation [or], limited liability company, joint-stock association, unincorporated business entity, labor organization, association, group, organization, committee or political committee, other than a party committee, doing business [in] within or without this state, [except a corporation or association organized or maintained for political purposes only,] shall directly or indirectly pay or use or offer, consent or agree to pay or use any money or property for or in aid of any candidate, political party, committee or organization, or for, or in
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aid of, any corporation, joint-stock or other association organized or maintained for political purposes, or for, or in aid of, any candidate for political office or for nomination for such office, or for any political purpose whatever, or for the reimbursement or indemnification of any person for moneys or property so used. Any officer, director, stockholder, member, owner, attorney or agent of any corporation [or], limited liability company, joint-stock association, unincorporated business entity, labor organization, association, group, organization, committee or political committee, other than a party committee, doing business within or without this state which violates any of the provisions of this section, who participates in, aids, abets or advises or consents to any such violations, and any person who solicits or knowingly receives any money or property in violation of this section, shall be guilty of a misdemeanor.
2. Notwithstanding the provisions of subdivision one of this section, any corporation, limited liability company, joint-stock association, unincorporated business entity, labor organization, association, group, organization, committee or political committee, other than a party committee, doing business within or without this state or an organization financially supported in whole or in part[,] by any such [corporation] entity may make expenditures, including contributions, not otherwise prohibited by law, for political purposes, in an amount not to exceed five thousand dollars in the aggregate in any calendar year; provided that no public utility shall use revenues received from the rendition of public service within the state for contributions for political purposes unless such cost is charged to the shareholders of such a public service corporation.
§ 5. If any part or provision of this act is adjudged by a court of competent jurisdiction to be unconstitutional or otherwise invalid, the remaining portions of this act shall be deemed null and void.
§ 6. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such effective date.
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 media disclosure requirements and political contribution limitations
Purpose or general idea of bill
To add increased transparency and disclosure to the election process, limit contributions for entities other than individuals and reduce contribution limits for individuals.
Summary of specific provisions
Section 1 - amends subdivision 2 of paragraph(c) of section 14-107 of the Election Law to require additional disclosure and transparency as to the real interest of those sponsoring independent expenditures in connection with election campaigns.
Section 2 - amends subdivision 1 of section 14-114 of the Election Law to delete COLA language that has allowed contribution limits to steadily increase without responsible consideration, and reduces the maximum contribution for other public offices not otherwise enumerated in the section to twenty-five thousand dollars.
Section 3 - amends subdivision 10 of section 14-114 of the Election Law to remove current COLA language that has allowed contributions to parties or constituted committees to increase without responsible consideration, and to reduce the contribution limits to parties and constituted committees to twenty-five thousand dollars.
Section 4 - amends section 14-116 of the Election Law to expand the list of entities that are restricted to total annual campaign donations to New York candidates of $5,000 per year to include not only corporations and joint-stock associations, but also LLC's, unincorporated business entities, labor organizations, associations, groups, organizations, committees or political committees, other than party committees, both within or without the state.
Section 5 - provides that if any part of the act shall be adjudged as unconstitutional or invalid, the remaining portions shall be deemed null and void.
Section 6 - provides that the act shall take effect one hundred eighty days after it shall have become law, but that effective immediately, amendment and/or repeal of any rule or regulation necessary for the implementation of the act on its effective date is authorized to be made on or before such effective date.
Justification
Transparency is critical to the democratic process. Each election cycle, voters are bombarded with campaign ads that do not clearly iden- tify the true interest of the sponsor. This bill will provide voters with more information so that they may better understand the issues and candidates as they prepare to cast their vote on Election Day. In addi- tion, concern has been expressed about the amount of money being donated generally, and in particular by entities other than individual voters. This bill would eliminate the current practice of allowing political donations by individuals to increase with the cost of living without any responsible consideration as to the effect of these increases, and further restrict political donations by various business and other arti- ficial entities.
The effect of this bill would be to give more information to voters, reduce the impact of money on elections and curtail the often uniden- tifiable money that has been flowing to campaigns from artificial enti- ties.
Prior legislative history
2015-16 - S.7837-ELECTIONS 2017-18 - S.3239 -- ELECTIONS
Fiscal implications
None
Effective date
This act shall take effect one hundred eighty days after it shall have become law, but effective immediately, amendment and/or repeal of any rule or regulation necessary for the implementation of the act on its effective date is authorized to be made on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.