STATE OF NEW YORK ________________________________________________________________________ 2362 2019-2020 Regular Sessions IN SENATE January 24, 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 decreasing contribution limitations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 14-114 of the election law, as 2 amended by chapter 79 of the laws of 1992, paragraphs a and b as amended 3 by chapter 659 of the laws of 1994, is amended to read as follows: 4 1. The following limitations apply to all contributions to candidates 5 for election to any public office or for nomination for any such office, 6 or for election to any party positions, and to all contributions to 7 political committees working directly or indirectly with any candidate 8 to aid or participate in such candidate's nomination or election, other 9 than any contributions to any party committee or constituted committee: 10 a. In any election for a public office to be voted on by the voters of 11 the entire state, or for nomination to any such office, no contributor 12 may make a contribution to any candidate or political committee, and no 13 candidate or political committee may accept any contribution from any 14 contributor, which is in the aggregate amount greater than: (i) in the 15 case of any nomination to public office, the product of the total number 16 of enrolled voters in the candidate's party in the state, excluding 17 voters in inactive status, multiplied by $.005, but such amount shall be 18 not less than four thousand dollars nor more than [~~twelve~~] ten thousand 19 dollars as increased or decreased by the cost of living adjustment 20 described in paragraph c of this subdivision, and (ii) in the case of 21 any election to a public office, [~~twenty-five~~] fifteen thousand dollars 22 as increased or decreased by the cost of living adjustment described in 23 paragraph c of this subdivision[~~; provided however, that the maximum~~ 24 ~~amount which may be so contributed or accepted, in the aggregate, from~~ 25 ~~any candidate's child, parent, grandparent, brother and sister, and the~~ EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02341-01-9

S. 2362 2 1 ~~spouse of any such persons, shall not exceed in the case of any nomi-~~ 2 ~~nation to public office an amount equivalent to the product of the~~ 3 ~~number of enrolled voters in the candidate's party in the state, exclud-~~ 4 ~~ing voters in inactive status, multiplied by $.025, and in the case of~~ 5 ~~any election for a public office, an amount equivalent to the product of~~ 6 ~~the number of registered voters in the state excluding voters in inac-~~ 7 ~~tive status, multiplied by $.025~~]. 8 b. In any other election for party position or for election to a 9 public office or for nomination for any such office, no contributor may 10 make a contribution to any candidate or political committee and no 11 candidate or political committee may accept any contribution from any 12 contributor, which is in the aggregate amount greater than: (i) in the 13 case of any election for party position, or for nomination to public 14 office, the product of the total number of enrolled voters in the candi- 15 date's party in the district in which he is a candidate, excluding 16 voters in inactive status, multiplied by $.05, and (ii) in the case of 17 any election for a public office, the product of the total number of 18 registered voters in the district, excluding voters in inactive status, 19 multiplied by $.05[,]; but in no event shall any such maximum exceed 20 three thousand dollars or be less than one thousand dollars as increased 21 or decreased by the cost of living adjustment described in paragraph c 22 of this subdivision; however in the case of a nomination or election 23 within the city of New York for the office of mayor, public advocate 24 [or], comptroller, borough president or member of the city council, such 25 amount shall be [~~not less than four thousand dollars nor more than~~ 26 ~~twelve thousand dollars as increased or decreased by the cost of living~~ 27 ~~adjustment described in paragraph c of this subdivision; in the case of~~ 28 ~~an election within the city of New York for the office of mayor, public~~ 29 ~~advocate or comptroller, twenty-five thousand dollars as increased or~~ 30 ~~decreased by the cost of living adjustment described in paragraph c of~~ 31 ~~this subdivision~~] equal to the contribution limits set forth in para- 32 graph (f) of subdivision one of section 3-703 of the administrative code 33 of the city of New York; provided however in the case of a nomination or 34 election for state senator, such amount shall be [~~four~~] six thousand 35 dollars as increased or decreased by the cost of living adjustment 36 described in paragraph c of this subdivision; [~~in the case of an~~ 37 ~~election for state senator, six thousand two hundred fifty dollars as~~ 38 ~~increased or decreased by the cost of living adjustment described in~~ 39 ~~paragraph c of this subdivision;~~] in the case of [~~an election or~~] a 40 nomination or election for a member of the assembly, [~~twenty-five~~ 41 ~~hundred~~] three thousand dollars as increased or decreased by the cost of 42 living adjustment described in paragraph c of this subdivision[~~; but in~~ 43 ~~no event shall any such maximum exceed fifty thousand dollars or be less~~ 44 ~~than one thousand dollars; provided however, that the maximum amount~~ 45 ~~which may be so contributed or accepted, in the aggregate, from any~~ 46 ~~candidate's child, parent, grandparent, brother and sister, and the~~ 47 ~~spouse of any such persons, shall not exceed in the case of any election~~ 48 ~~for party position or nomination for public office an amount equivalent~~ 49 ~~to the number of enrolled voters in the candidate's party in the~~ 50 ~~district in which he is a candidate, excluding voters in inactive~~ 51 ~~status, multiplied by $.25 and in the case of any election to public~~ 52 ~~office, an amount equivalent to the number of registered voters in the~~ 53 ~~district, excluding voters in inactive status, multiplied by $.25; or~~ 54 ~~twelve hundred fifty dollars, whichever is greater, or in the case of a~~ 55 ~~nomination or election of a state senator, twenty thousand dollars,~~ 56 ~~whichever is greater, or in the case of a nomination or election of a~~

S. 2362 3 1 ~~member of the assembly twelve thousand five hundred dollars, whichever~~ 2 ~~is greater, but in no event shall any such maximum exceed one hundred~~ 3 ~~thousand dollars~~]. 4 c. At the beginning of each [~~fourth~~] second calendar year, commencing 5 in [~~nineteen hundred ninety-five~~] two thousand twenty-one, the state 6 board shall determine the percentage of the difference between the most 7 recent available monthly consumer price index for all urban consumers 8 published by the United States bureau of labor statistics and such 9 consumer price index published for the same month [~~four~~] two years 10 previously. The amount of each contribution limit fixed in this subdivi- 11 sion shall be adjusted by the amount of such percentage difference to 12 the closest one hundred dollars by the state board which, not later than 13 the first day of February in each such year, shall issue a regulation 14 publishing the amount of each such contribution limit. Each contribution 15 limit as so adjusted shall be the contribution limit in effect for any 16 election held before the next such adjustment. 17 § 2. Subdivision 10 of section 14-114 of the election law, as added by 18 chapter 79 of the laws of 1992, is amended to read as follows: 19 10. a. No contributor may make a contribution to a party or consti- 20 tuted committee and no such committee may accept a contribution from any 21 contributor which, in the aggregate, is greater than [~~sixty-two~~] twen- 22 ty-five thousand [~~five hundred~~] dollars per annum. 23 b. At the beginning of each [~~fourth~~] second calendar year, commencing 24 in [~~nineteen hundred ninety-five~~] two thousand twenty-one, the state 25 board shall determine the percentage of the difference between the most 26 recent available monthly consumer price index for all urban consumers 27 published by the United States bureau of labor statistics and such 28 consumer price index published for the same month [~~four~~] two years 29 previously. The amount of such contribution limit fixed in paragraph a 30 of this subdivision shall be adjusted by the amount of such percentage 31 difference to the closest one hundred dollars by the state board which, 32 not later than the first day of February in each such year, shall issue 33 a regulation publishing the amount of such contribution limit. Such 34 contribution limit as so adjusted shall be the contribution limit in 35 effect for any election held before the next such adjustment. 36 § 3. Subdivision 3 of section 14-124 of the election law, as amended 37 by section 1 of part B of chapter 286 of the laws of 2016, is amended to 38 read as follows: 39 3. The contribution and receipt limits of this article shall not apply 40 to monies received and expenditures made by a party committee or consti- 41 tuted committee to maintain a permanent headquarters and staff and carry 42 on ordinary activities which are not for the express purpose of promot- 43 ing the candidacy of specific candidates; provided that such monies 44 described in this subdivision shall be deposited in a segregated 45 account. Contributions made for such activities to a party committee or 46 constituted committee shall be limited to twenty-five thousand dollars 47 in the aggregate from each contributor in each year. 48 § 4. This act shall take effect on the one hundred eightieth day after 49 it shall have become a law; provided, that contributions legally 50 received prior to the effective date of this act may be retained and 51 expended for lawful purposes and shall not provide the basis for a 52 violation of article 14 of the election law, as amended by this act; and 53 provided, further, that the state board of elections shall notify all 54 candidates and political committees of the applicable provisions of this 55 act within thirty days after this act shall have become a law.

Decreases contribution limits

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