 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4366
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 7, 2023
                                       ___________
 
        Introduced by Sen. FERNANDEZ -- 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 eliminating family
          contribution exceptions
 
          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 section 3 of part ZZZ of chapter 58 of the laws of  2020,  is
     3  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, partic-
    13  ipating in the state's public  campaign  financing  system  pursuant  to
    14  title  two  of this article and no such candidate or political committee
    15  may accept any contribution from any contributor, which is in the aggre-
    16  gate amount greater than eighteen thousand dollars divided equally among
    17  the primary and general election in an election cycle[; provided  howev-
    18  er,  that the maximum amount which may be so contributed or accepted, in
    19  the aggregate, from any candidate's child, parent, grandparent,  brother
    20  and  sister, and the spouse of any such persons, shall not exceed in the
    21  case of any nomination to public office  an  amount  equivalent  to  the
    22  product of the number of enrolled voters in the candidate's party in the
    23  state,  excluding voters in inactive status, multiplied by $.025, and in
    24  the case of any election for a public office, an  amount  equivalent  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06465-01-3
        S. 4366                             2

     1  the  product  of  the number of registered voters in the state excluding
     2  voters in inactive status, multiplied by $.025].
     3    b.  In  any  other  election  for  party position or for election to a
     4  public office or for nomination for any such office, no contributor  may
     5  make  a contribution to any candidate or political committee participat-
     6  ing in the state's public campaign financing system  pursuant  to  title
     7  two  of  this  article  and no such candidate or political committee may
     8  accept any contribution from any contributor, which is in the  aggregate
     9  amount  greater  than  election for party position, or for nomination to
    10  public office, the product of the total number of enrolled voters in the
    11  candidate's party in the district in which he is a candidate,  excluding
    12  voters  in  inactive status, multiplied by $.05, and (ii) in the case of
    13  any election for a public office, the product of  the  total  number  of
    14  registered  voters in the district, excluding voters in inactive status,
    15  multiplied by $.05, however in the case of a nomination within the  city
    16  of  New  York  for  the office of mayor, public advocate or comptroller,
    17  such amount shall be not less than four thousand dollars nor  more  than
    18  twelve  thousand dollars as increased or decreased by the cost of living
    19  adjustment described in paragraph c of this subdivision; in the case  of
    20  an  election within the city of New York for the office of mayor, public
    21  advocate or comptroller, twenty-five thousand dollars  as  increased  or
    22  decreased  by  the cost of living adjustment described in paragraph c of
    23  this subdivision; in the case of a  nomination  or  election  for  state
    24  senator,  ten  thousand  dollars,  divided equally among the primary and
    25  general election in an election cycle; in the case  of  an  election  or
    26  nomination  for  a member of the assembly, six thousand dollars, divided
    27  equally among the primary and general election in  an  election  cycle[;
    28  provided however, that the maximum amount which may be so contributed or
    29  accepted,  in  the aggregate, from any candidate's child, parent, grand-
    30  parent, brother and sister, and the spouse of any  such  persons,  shall
    31  not  exceed in the case of any election for party position or nomination
    32  for public office an amount equivalent to the number of enrolled  voters
    33  in  the  candidate's  party  in the district in which he is a candidate,
    34  excluding voters in inactive status, multiplied by $.25 and in the  case
    35  of  any election to public office, an amount equivalent to the number of
    36  registered voters in the district, excluding voters in inactive  status,
    37  multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
    38  er, or in the case of a nomination or election of a state senator, twen-
    39  ty  thousand  dollars,  whichever  is greater, or in the case of a nomi-
    40  nation or election of a member of  the  assembly  twelve  thousand  five
    41  hundred  dollars,  whichever  is greater, but in no event shall any such
    42  maximum exceed one hundred thousand dollars].
    43    c. In any election for a public office to be voted on by the voters of
    44  the entire state, or for nomination to any such office,  no  contributor
    45  may  make  a  contribution  to  any  candidate or political committee in
    46  connection with a candidate who is  not  a  participating  candidate  as
    47  defined in subdivision fourteen of section 14-200-a of this article, and
    48  no  such  candidate  or  political committee may accept any contribution
    49  from any contributor, which is in  the  aggregate  amount  greater  than
    50  eighteen thousand dollars, divided equally among the primary and general
    51  election  in  an  election  cycle[;  provided  however, that the maximum
    52  amount which may be so contributed or accepted, in the  aggregate,  from
    53  any  candidate's child, parent, grandparent, brother and sister, and the
    54  spouse of any such persons, shall not exceed in the case  of  any  nomi-
    55  nation  to  public  office  an  amount  equivalent to the product of the
    56  number of enrolled voters in the candidate's party in the state, exclud-
        S. 4366                             3

     1  ing voters in inactive status, multiplied by $.025, and in the  case  of
     2  any election for a public office, an amount equivalent to the product of
     3  the  number of registered voters in the state, excluding voters in inac-
     4  tive status, multiplied by $.025].
     5    d.  In  any nomination or election of a candidate who is not a partic-
     6  ipating candidate for  state  senator,  ten  thousand  dollars,  divided
     7  equally  among the primary and general election in an election cycle; in
     8  the case of an election or nomination for a member of the assembly,  six
     9  thousand dollars, divided equally among the primary and general election
    10  in an election cycle.
    11    e.(1)  At  the  beginning  of each fourth calendar year, commencing in
    12  nineteen hundred  ninety-five,  the  state  board  shall  determine  the
    13  percentage  of  the difference between the most recent available monthly
    14  consumer price index for all urban consumers  published  by  the  United
    15  States  bureau  of  labor  statistics  and  such  consumer  price  index
    16  published for the same month four years previously. The amount  of  each
    17  contribution  limit  fixed  in this subdivision shall be adjusted by the
    18  amount of such percentage difference to the closest one hundred  dollars
    19  by  the  state  board which, not later than the first day of February in
    20  each such year, shall issue a regulation publishing the amount  of  each
    21  such contribution limit. Each contribution limit as so adjusted shall be
    22  the  contribution  limit in effect for any election held before the next
    23  such adjustment.
    24    (2) Provided, however, that  such  adjustments  shall  not  occur  for
    25  candidates seeking statewide office, or the position of state senator or
    26  member  of the assembly, whether such candidate does or does not partic-
    27  ipate in the public finance program established pursuant to title two of
    28  this article.
    29    f. Notwithstanding any  other  contribution  limit  in  this  section,
    30  participating  candidates  as defined in subdivision fourteen of section
    31  14-200-a of this article may contribute, out of their own  money,  three
    32  times  the applicable contribution limit to their own authorized commit-
    33  tee.
    34    § 2. This act shall take effect immediately.
Eliminates family contribution exceptions

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