 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2161
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2023
                                       ___________
 
        Introduced  by M. of A. ROZIC -- read once and referred to the Committee
          on Election Law
 
        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 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.
                                                                   LBD04903-01-3
        A. 2161                             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[,]; but in no event shall any such maximum exceed two
    16  thousand eight hundred dollars or be less than one thousand  dollars  as
    17  increased  or  decreased  by  the cost of living adjustment described in
    18  paragraph e of this subdivision; however in the case of a nomination  or
    19  election  within  the  city  of New York for the office of mayor, public
    20  advocate [or], comptroller, borough president  or  member  of  the  city
    21  council,  such  amount shall be [not less than four thousand dollars nor
    22  more than twelve thousand dollars as increased or decreased by the  cost
    23  of living adjustment described in paragraph c of this subdivision] equal
    24  to the contribution limits set forth in paragraph (f) of subdivision one
    25  of section 3-703 of the administrative code of the city of New York; [in
    26  the  case  of  an election within the city of New York for the office of
    27  mayor, public advocate or comptroller, twenty-five thousand  dollars  as
    28  increased  or  decreased  by  the cost of living adjustment described in
    29  paragraph c of this subdivision;] provided however, in  the  case  of  a
    30  nomination  or election for state senator, ten thousand dollars, divided
    31  equally among the primary and general election in an election cycle;  in
    32  the  case of an election or nomination for a member of the assembly, six
    33  thousand dollars, divided equally among the primary and general election
    34  in an election cycle[; provided however, that the maximum  amount  which
    35  may  be  so  contributed  or accepted, in the aggregate, from any candi-
    36  date's child, parent, grandparent, brother and sister, and the spouse of
    37  any such persons, shall not exceed in the case of any election for party
    38  position or nomination for public office an  amount  equivalent  to  the
    39  number  of  enrolled  voters in the candidate's party in the district in
    40  which he is a candidate, excluding voters in inactive status, multiplied
    41  by $.25 and in the case of any election  to  public  office,  an  amount
    42  equivalent to the number of registered voters in the district, excluding
    43  voters  in  inactive status, multiplied by $.25; or twelve hundred fifty
    44  dollars, whichever is greater,  or  in  the  case  of  a  nomination  or
    45  election  of  a  state  senator,  twenty  thousand dollars, whichever is
    46  greater, or in the case of a nomination or election of a member  of  the
    47  assembly twelve thousand five hundred dollars, whichever is greater, but
    48  in no event shall any such maximum exceed one hundred thousand dollars].
    49    c. In any election for a public office to be voted on by the voters of
    50  the  entire  state, or for nomination to any such office, no contributor
    51  may make a contribution to  any  candidate  or  political  committee  in
    52  connection  with  a  candidate  who  is not a participating candidate as
    53  defined in subdivision fourteen of section 14-200-a of this article, and
    54  no such candidate or political committee  may  accept  any  contribution
    55  from  any  contributor,  which  is  in the aggregate amount greater than
    56  eighteen thousand dollars, divided equally among the primary and general
        A. 2161                             3

     1  election in an election  cycle[;  provided  however,  that  the  maximum
     2  amount  which  may be so contributed or accepted, in the aggregate, from
     3  any candidate's child, parent, grandparent, brother and sister, and  the
     4  spouse  of  any  such persons, shall not exceed in the case of any nomi-
     5  nation to public office an amount  equivalent  to  the  product  of  the
     6  number of enrolled voters in the candidate's party in the state, exclud-
     7  ing  voters  in inactive status, multiplied by $.025, and in the case of
     8  any election for a public office, an amount equivalent to the product of
     9  the number of registered voters in the state, excluding voters in  inac-
    10  tive status, multiplied by $.025].
    11    d.  In  any nomination or election of a candidate who is not a partic-
    12  ipating candidate for  state  senator,  ten  thousand  dollars,  divided
    13  equally  among the primary and general election in an election cycle; in
    14  the case of an election or nomination for a member of the assembly,  six
    15  thousand dollars, divided equally among the primary and general election
    16  in an election cycle.
    17    e.  (1)  At  the  beginning  of  each  [fourth]  second calendar year,
    18  commencing in [nineteen hundred ninety-five] two  thousand  twenty-four,
    19  the state board shall determine the percentage of the difference between
    20  the  most  recent  available  monthly consumer price index for all urban
    21  consumers published by the United States bureau of labor statistics  and
    22  such  consumer price index published for the same month [four] two years
    23  previously. The amount of each contribution limit fixed in this subdivi-
    24  sion shall be adjusted by the amount of such  percentage  difference  to
    25  the closest one hundred dollars by the state board which, not later than
    26  the  first  day  of February in each such year, shall issue a regulation
    27  publishing the amount of each such contribution limit. Each contribution
    28  limit as so adjusted shall be the contribution limit in effect  for  any
    29  election held before the next such adjustment.
    30    (2)  Provided,  however,  that  such  adjustments  shall not occur for
    31  candidates seeking statewide office, or the position of state senator or
    32  member of the assembly, whether such candidate does or does not  partic-
    33  ipate in the public finance program established pursuant to title two of
    34  this article.
    35    f.  Notwithstanding  any  other  contribution  limit  in this section,
    36  participating candidates as defined in subdivision fourteen  of  section
    37  14-200-a  of  this article may contribute, out of their own money, three
    38  times the applicable contribution limit to their own authorized  commit-
    39  tee.
    40    § 2. Subdivision 10 of section 14-114 of the election law, as added by
    41  chapter 79 of the laws of 1992, is amended to read as follows:
    42    10.  a.  No  contributor may make a contribution to a party or consti-
    43  tuted committee and no such committee may accept a contribution from any
    44  contributor which, in the aggregate, is greater than  [sixty-two]  twen-
    45  ty-five thousand [five hundred] dollars per annum.
    46    b.  At the beginning of each [fourth] second calendar year, commencing
    47  in [nineteen hundred ninety-five] two thousand  twenty-four,  the  state
    48  board  shall determine the percentage of the difference between the most
    49  recent available monthly consumer price index for  all  urban  consumers
    50  published  by  the  United  States  bureau  of labor statistics and such
    51  consumer price index published for  the  same  month  [four]  two  years
    52  previously.  The  amount of such contribution limit fixed in paragraph a
    53  of this subdivision shall be adjusted by the amount of  such  percentage
    54  difference  to the closest one hundred dollars by the state board which,
    55  not later than the first day of February in each such year, shall  issue
    56  a  regulation  publishing  the  amount  of such contribution limit. Such
        A. 2161                             4
 
     1  contribution limit as so adjusted shall be  the  contribution  limit  in
     2  effect for any election held before the next such adjustment.
     3    §  3.  Subdivision 3 of section 14-124 of the election law, as amended
     4  by section 1 of part B of chapter 286 of the laws of 2016, is amended to
     5  read as follows:
     6    3. The contribution and receipt limits of this article shall not apply
     7  to monies received and expenditures made by a party committee or consti-
     8  tuted committee to maintain a permanent headquarters and staff and carry
     9  on ordinary activities which are not for the express purpose of  promot-
    10  ing  the  candidacy  of  specific  candidates; provided that such monies
    11  described in  this  subdivision  shall  be  deposited  in  a  segregated
    12  account.  Contributions made for such activities to a party committee or
    13  constituted committee shall be limited to twenty-five  thousand  dollars
    14  in the aggregate from each contributor in each year.
    15    § 4. This act shall take effect on the one hundred eightieth day after
    16  it shall have become a law; provided, however, that contributions legal-
    17  ly  received prior to the effective date of this act may be retained and
    18  expended for lawful purposes and shall  not  provide  the  basis  for  a
    19  violation of article 14 of the election law, as amended by this act; and
    20  provided,  further,  that  the state board of elections shall notify all
    21  candidates and political committees of the applicable provisions of this
    22  act within thirty days after this act shall have become a law.
Decreases contribution limits

What's Happening

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