 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2899
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 26, 2021
                                       ___________
 
        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] two thou-
    19  sand eight hundred dollars as increased or  decreased  by  the  cost  of
    20  living adjustment described in paragraph c of this subdivision, and (ii)
    21  in  the  case of any election to a public office, [twenty-five] not more
    22  than two thousand eight hundred dollars as increased or decreased by the
    23  cost of living adjustment described in paragraph c of this subdivision[;
    24  provided however, that the maximum amount which may be so contributed or
    25  accepted, in the aggregate, from any candidate's child,  parent,  grand-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03479-01-1

        S. 2899                             2

     1  parent,  brother  and  sister, and the spouse of any such persons, shall
     2  not exceed in the case of any nomination  to  public  office  an  amount
     3  equivalent to the product of the number of enrolled voters in the candi-
     4  date's  party  in the state, excluding voters in inactive status, multi-
     5  plied by $.025, and in the case of any election for a public office,  an
     6  amount  equivalent  to the product of the number of registered voters in
     7  the state excluding voters in inactive 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 two
    20  thousand eight hundred dollars or be less than one thousand  dollars  as
    21  increased  or  decreased  by  the cost of living adjustment described in
    22  paragraph c of this subdivision; however in the case of a nomination  or
    23  election  within  the  city  of New York for the office of mayor, public
    24  advocate [or], comptroller, borough president  or  member  of  the  city
    25  council,  such  amount shall be [not less than four thousand dollars nor
    26  more than twelve thousand dollars as increased or decreased by the  cost
    27  of  living  adjustment  described in paragraph c of this subdivision; in
    28  the case of an election within the city of New York for  the  office  of
    29  mayor,  public  advocate or comptroller, twenty-five thousand dollars as
    30  increased or decreased by the cost of  living  adjustment  described  in
    31  paragraph  c  of  this subdivision] equal to the contribution limits set
    32  forth in paragraph (f) of subdivision one of section 3-703 of the admin-
    33  istrative code of the city of New York; provided however in the case  of
    34  a  nomination or election for state senator, such amount shall be [four]
    35  not more than  two  thousand  eight  hundred  dollars  as  increased  or
    36  decreased  by  the cost of living adjustment described in paragraph c of
    37  this subdivision; [in the case of an election  for  state  senator,  six
    38  thousand two hundred fifty dollars as increased or decreased by the cost
    39  of  living  adjustment described in paragraph c of this subdivision;] in
    40  the case of [an election or] a nomination or election for  a  member  of
    41  the  assembly,  [twenty-five  hundred]  not more than two thousand eight
    42  hundred dollars as increased or decreased by the cost of living  adjust-
    43  ment  described  in  paragraph  c  of this subdivision[; but in no event
    44  shall any such maximum exceed fifty thousand dollars or be less than one
    45  thousand dollars; provided however, that the maximum amount which may be
    46  so contributed or accepted,  in  the  aggregate,  from  any  candidate's
    47  child,  parent,  grandparent,  brother and sister, and the spouse of any
    48  such persons, shall not exceed in the case of  any  election  for  party
    49  position  or  nomination  for  public office an amount equivalent to the
    50  number of enrolled voters in the candidate's party in  the  district  in
    51  which he is a candidate, excluding voters in inactive status, multiplied
    52  by  $.25  and  in  the  case of any election to public office, an amount
    53  equivalent to the number of registered voters in the district, excluding
    54  voters in inactive status, multiplied by $.25; or twelve  hundred  fifty
    55  dollars,  whichever  is  greater,  or  in  the  case  of a nomination or
    56  election of a state  senator,  twenty  thousand  dollars,  whichever  is

        S. 2899                             3

     1  greater,  or  in the case of a nomination or election of a member of the
     2  assembly twelve thousand five hundred dollars, whichever is greater, but
     3  in no event shall any such maximum exceed one hundred thousand dollars].
     4    c.  At the beginning of each [fourth] second calendar year, commencing
     5  in [nineteen hundred ninety-five] two  thousand  twenty-two,  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 1 of section 14-114 of the election law,  as  amended
    18  by  section  3 of part ZZZ of chapter 58 of the laws of 2020, is amended
    19  to read as follows:
    20    1. The following limitations apply to all contributions to  candidates
    21  for election to any public office or for nomination for any such office,
    22  or  for  election  to  any  party positions, and to all contributions to
    23  political committees working directly or indirectly with  any  candidate
    24  to  aid or participate in such candidate's nomination or election, other
    25  than any contributions to any party committee or constituted committee:
    26    a. In any election for a public office to be voted on by the voters of
    27  the entire state, or for nomination to any such office,  no  contributor
    28  may make a contribution to any candidate or political committee, partic-
    29  ipating  in  the  state's  public  campaign financing system pursuant to
    30  title two of this article and no such candidate or  political  committee
    31  may accept any contribution from any contributor, which is in the aggre-
    32  gate amount greater than eighteen thousand dollars divided equally among
    33  the  primary and general election in an election cycle[; provided howev-
    34  er, that the maximum amount which may be so contributed or accepted,  in
    35  the  aggregate, from any candidate's child, parent, grandparent, brother
    36  and sister, and the spouse of any such persons, shall not exceed in  the
    37  case  of  any  nomination  to  public office an amount equivalent to the
    38  product of the number of enrolled voters in the candidate's party in the
    39  state, excluding voters in inactive status, multiplied by $.025, and  in
    40  the  case  of  any election for a public office, an amount equivalent to
    41  the product of the number of registered voters in  the  state  excluding
    42  voters in inactive status, multiplied by $.025].
    43    b.  In  any  other  election  for  party position or for election to a
    44  public office or for nomination for any such office, no contributor  may
    45  make  a contribution to any candidate or political committee participat-
    46  ing in the state's public campaign financing system  pursuant  to  title
    47  two  of  this  article  and no such candidate or political committee may
    48  accept any contribution from any contributor, which is in the  aggregate
    49  amount  greater  than  election for party position, or for nomination to
    50  public office, the product of the total number of enrolled voters in the
    51  candidate's party in the district in which he is a candidate,  excluding
    52  voters  in  inactive status, multiplied by $.05, and (ii) in the case of
    53  any election for a public office, the product of  the  total  number  of
    54  registered  voters in the district, excluding voters in inactive status,
    55  multiplied by $.05[,]; but in no event shall any such maximum exceed two
    56  thousand eight hundred dollars or be less than one thousand  dollars  as

        S. 2899                             4
 
     1  increased  or  decreased  by  the cost of living adjustment described in
     2  paragraph e of this subdivision; however in the case of a nomination  or
     3  election  within  the  city  of New York for the office of mayor, public
     4  advocate  [or],  comptroller,  borough  president  or member of the city
     5  council, such amount shall be [not less than four thousand  dollars  nor
     6  more  than twelve thousand dollars as increased or decreased by the cost
     7  of living adjustment described in paragraph c of this subdivision] equal
     8  to the contribution limits set forth in paragraph (f) of subdivision one
     9  of section 3-703 of the administrative code of the city of New York; [in
    10  the case of an election within the city of New York for  the  office  of
    11  mayor,  public  advocate or comptroller, twenty-five thousand dollars as
    12  increased or decreased by the cost of  living  adjustment  described  in
    13  paragraph  c  of  this  subdivision;] provided however, in the case of a
    14  nomination or election for state senator, ten thousand dollars,  divided
    15  equally  among the primary and general election in an election cycle; in
    16  the case of an election or nomination for a member of the assembly,  six
    17  thousand dollars, divided equally among the primary and general election
    18  in  an  election cycle[; provided however, that the maximum amount which
    19  may be so contributed or accepted, in the  aggregate,  from  any  candi-
    20  date's child, parent, grandparent, brother and sister, and the spouse of
    21  any such persons, shall not exceed in the case of any election for party
    22  position  or  nomination  for  public office an amount equivalent to the
    23  number of enrolled voters in the candidate's party in  the  district  in
    24  which he is a candidate, excluding voters in inactive status, multiplied
    25  by  $.25  and  in  the  case of any election to public office, an amount
    26  equivalent to the number of registered voters in the district, excluding
    27  voters in inactive status, multiplied by $.25; or twelve  hundred  fifty
    28  dollars,  whichever  is  greater,  or  in  the  case  of a nomination or
    29  election of a state  senator,  twenty  thousand  dollars,  whichever  is
    30  greater,  or  in the case of a nomination or election of a member of the
    31  assembly twelve thousand five hundred dollars, whichever is greater, but
    32  in no event shall any such maximum exceed one hundred thousand dollars].
    33    c. In any election for a public office to be voted on by the voters of
    34  the entire state, or for nomination to any such office,  no  contributor
    35  may  make  a  contribution  to  any  candidate or political committee in
    36  connection with a candidate who is  not  a  participating  candidate  as
    37  defined in subdivision fourteen of section 14-200-a of this article, and
    38  no  such  candidate  or  political committee may accept any contribution
    39  from any contributor, which is in  the  aggregate  amount  greater  than
    40  eighteen thousand dollars, divided equally among the primary and general
    41  election  in  an  election  cycle[;  provided  however, that the maximum
    42  amount which may be so contributed or accepted, in the  aggregate,  from
    43  any  candidate's child, parent, grandparent, brother and sister, and the
    44  spouse of any such persons, shall not exceed in the case  of  any  nomi-
    45  nation  to  public  office  an  amount  equivalent to the product of the
    46  number of enrolled voters in the candidate's party in the state, exclud-
    47  ing voters in inactive status, multiplied by $.025, and in the  case  of
    48  any election for a public office, an amount equivalent to the product of
    49  the  number of registered voters in the state, excluding voters in inac-
    50  tive status, multiplied by $.025].
    51    d. In any nomination or election of a candidate who is not  a  partic-
    52  ipating  candidate  for  state  senator,  ten  thousand dollars, divided
    53  equally among the primary and general election in an election cycle;  in
    54  the  case of an election or nomination for a member of the assembly, six
    55  thousand dollars, divided equally among the primary and general election
    56  in an election cycle.

        S. 2899                             5
 
     1    e. (1) At  the  beginning  of  each  [fourth]  second  calendar  year,
     2  commencing  in  [nineteen  hundred ninety-five] two thousand twenty-two,
     3  the state board shall determine the percentage of the difference between
     4  the most recent available monthly consumer price  index  for  all  urban
     5  consumers  published by the United States bureau of labor statistics and
     6  such consumer price index published for the same month [four] two  years
     7  previously. The amount of each contribution limit fixed in this subdivi-
     8  sion  shall  be  adjusted by the amount of such percentage difference to
     9  the closest one hundred dollars by the state board which, not later than
    10  the first day of February in each such year, shall  issue  a  regulation
    11  publishing the amount of each such contribution limit. Each contribution
    12  limit  as  so adjusted shall be the contribution limit in effect for any
    13  election held before the next such adjustment.
    14    (2) Provided, however, that  such  adjustments  shall  not  occur  for
    15  candidates seeking statewide office, or the position of state senator or
    16  member  of the assembly, whether such candidate does or does not partic-
    17  ipate in the public finance program established pursuant to title two of
    18  this article.
    19    f. Notwithstanding any  other  contribution  limit  in  this  section,
    20  participating  candidates  as defined in subdivision fourteen of section
    21  14-200-a of this article may contribute, out of their own  money,  three
    22  times  the applicable contribution limit to their own authorized commit-
    23  tee.
    24    § 3. Subdivision 10 of section 14-114 of the election law, as added by
    25  chapter 79 of the laws of 1992, is amended to read as follows:
    26    10. a. No contributor may make a contribution to a  party  or  consti-
    27  tuted committee and no such committee may accept a contribution from any
    28  contributor  which,  in the aggregate, is greater than [sixty-two] twen-
    29  ty-five thousand [five hundred] dollars per annum.
    30    b. At the beginning of each [fourth] second calendar year,  commencing
    31  in  [nineteen  hundred  ninety-five]  two thousand twenty-two, the state
    32  board shall determine the percentage of the difference between the  most
    33  recent  available  monthly  consumer price index for all urban consumers
    34  published by the United States  bureau  of  labor  statistics  and  such
    35  consumer  price  index  published  for  the  same month [four] two years
    36  previously. The amount of such contribution limit fixed in  paragraph  a
    37  of  this  subdivision shall be adjusted by the amount of such percentage
    38  difference to the closest one hundred dollars by the state board  which,
    39  not  later than the first day of February in each such year, shall issue
    40  a regulation publishing the amount  of  such  contribution  limit.  Such
    41  contribution  limit  as  so  adjusted shall be the contribution limit in
    42  effect for any election held before the next such adjustment.
    43    § 4. Subdivision 3 of section 14-124 of the election law,  as  amended
    44  by section 1 of part B of chapter 286 of the laws of 2016, is amended to
    45  read as follows:
    46    3. The contribution and receipt limits of this article shall not apply
    47  to monies received and expenditures made by a party committee or consti-
    48  tuted committee to maintain a permanent headquarters and staff and carry
    49  on  ordinary activities which are not for the express purpose of promot-
    50  ing the candidacy of specific  candidates;  provided  that  such  monies
    51  described  in  this  subdivision  shall  be  deposited  in  a segregated
    52  account. Contributions made for such activities to a party committee  or
    53  constituted  committee  shall be limited to twenty-five thousand dollars
    54  in the aggregate from each contributor in each year.
    55    § 5. This act shall take effect on the one hundred eightieth day after
    56  it shall have become a law; provided, however, that section two of  this

        S. 2899                             6
 
     1  act shall take effect on the same date and in the same manner as section
     2  3 of part ZZZ of chapter 58 of the laws of 2020, takes effect; provided,
     3  further, that contributions legally received prior to the effective date
     4  of  this  act may be retained and expended for lawful purposes and shall
     5  not provide the basis for a violation of article 14 of the election law,
     6  as amended by this act; and provided, further, that the state  board  of
     7  elections  shall  notify  all candidates and political committees of the
     8  applicable provisions of this act within  thirty  days  after  this  act
     9  shall have become a law.
Decreases contribution limits

What's Happening

Why It Matters
