NY State Assembly Bill 2009-A656

Assembly Bill A656

2009-2010 Legislative Session

Relates to uniform maximum contributions for all candidates regardless of position or office

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 09, 2010	print number 656a
Feb 09, 2010	amend and recommit to election law
Jan 06, 2010	referred to election law
Jan 07, 2009	referred to election law

Bill Amendments

Original

A (Active)

2009-A656 - Details

Current Committee:: Assembly Election Law
Law Section:: Election Law
Laws Affected:: Amd §14-114, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5894
2013-2014: A110
2015-2016: A7179

2009-A656 - Summary

Relates to uniform maximum contributions for all candidates regardless of position or office.

2009-A656 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   656

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Election Law

AN  ACT  to  amend the election law, in relation to contribution limita-
  tions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  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
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

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

                                                           LBD00904-01-9

A. 656                              2

any  candidate's child, parent, grandparent, brother and sister, and the
spouse of any such persons, shall not exceed in the case  of  any  nomi-
nation  to  public  office  an  amount  equivalent to the product of the
number of enrolled voters in the candidate's party in the state, exclud-
ing  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  inac-
tive 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 candi-
date'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 adjust-
ment 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 nomi-
nation 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  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,  parent,  grand-
parent,  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 great-
er, or in the case of a nomination or election of a state senator, twen-
ty thousand dollars, whichever is greater, or in the  case  of  a  nomi-
nation  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.] A. NO CONTRIBUTOR MAY MAKE
A CONTRIBUTION TO ANY CANDIDATE FOR ELECTION TO ANY PUBLIC OFFICE OR FOR
NOMINATION  FOR ANY SUCH OFFICE, OR FOR ELECTION TO ANY PARTY POSITIONS,
OR MAKE ANY CONTRIBUTION TO POLITICAL  COMMITTEES  WORKING  DIRECTLY  OR
INDIRECTLY  WITH ANY CANDIDATE TO AID OR PARTICIPATE IN SUCH CANDIDATE'S

A. 656                              3

NOMINATION OR ELECTION, AND NO  CANDIDATE  OR  POLITICAL  COMMITTEE  MAY
ACCEPT  ANY  CONTRIBUTION  FROM ANY CONTRIBUTOR, WHICH, IN THE AGGREGATE
AMOUNT, IS GREATER THAN TWO THOUSAND THREE HUNDRED DOLLARS, AS INCREASED
OR  DECREASED  BY THE COST OF LIVING ADJUSTMENT DESCRIBED IN PARAGRAPH B
OF THIS SUBDIVISION.
  [c.] 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 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.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

2009-A656A (ACTIVE) - Details

Current Committee:: Assembly Election Law
Law Section:: Election Law
Laws Affected:: Amd §14-114, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5894
2013-2014: A110
2015-2016: A7179

2009-A656A (ACTIVE) - Summary

Relates to uniform maximum contributions for all candidates regardless of position or office.

2009-A656A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A656A

TITLE  OF  BILL:    An  act  to  amend  the election law, in relation to
contribution limitations

PURPOSE: To reduce  campaign  contribution  limits  for  candidates  for
election  to  a  party  position  or  public office or for nomination to
public office to $2,400 per election.

SUMMARY OF PROVISIONS:  The bill would set campaign contribution  limits
for  candidates  for  election to any party position or public office or
for nomination to any public office at $2,400 per election (or  a  total
of  $4,800 for a primary and general election cycle). It would eliminate
distinctions between statewide candidates, candidates  for  Assembly  or
Senate,  or other candidates contributions to whom currently are subject
to different limits depending on the office sought. It would also elimi-
nate separate limits that currently apply to family  members  of  candi-
dates.

JUSTIFICATION:    ft  is  widely believed that our campaign finance laws
need substantial changes to ensure the integrity  of  elections  in  our
state.  This  bill does not address the broad range of issues that might
be addressed in a comprehensive reform package, but it does address  one
of  weakest aspects of our campaign finance laws: the excessive contrib-
utions that individuals can currently make to candidates, especially the
extraordinarily high contributions that may be given to statewide candi-

dates, Presently a single contributor may give up to $55,900 to a candi-
date during a single election cycle ($18,100 for the primary and $37,800
for the general election). This figure is the highest among any  of  the
45  states  that  place limits on campaign contributions. Current limits
for Senate candidates are $15,500 per cycle ($6,000 for the primary  and
$9,500 for the general); Assembly candidates may accept $7,600 per cycle
($3,800 for the primary and $3,800 for the general). In addition, family
members  of  candidates may currently contribute sums that substantially
exceed the individual limits (for example, the current limit for  family
members  of statewide candidates is over $250,000 of total contributions
from one or more family members).

This bill adopts the federal approach  of  setting  a  single  limit  of
$2,400  per  election  ($4,800  per cycle) for all elections to state or
party offices in the state, irrespective of  the  size  of  the  area  a
candidate  is running in. In this way, candidates attempting to communi-
cate and persuade larger numbers of people  and  broader  constituencies
would  be required to raise the funds necessary for their campaigns from
a greater number of people rather then simply  relying  on  increasingly
large contributors.

LEGISLATIVE  HISTORY:    2009:  A00656  (Kavanagh)  - Election Law 2008:
A09095 (Kavanagh) - Election Law 2007: A09095 (Kavanagh) - Election Law

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE DATE: This act shall take effect on the first of January  next
succeeding the date on which it shall have become law.

2009-A656A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 656--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Election Law -- recommitted to the Committee on Election Law in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the election law, in relation to contribution limita-
  tions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  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
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

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

                                                           LBD00904-13-0

A. 656--A                           2

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  nomi-
nation  to  public  office  an  amount  equivalent to the product of the
number of enrolled voters in the candidate's party in the state, exclud-
ing 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 inac-
tive 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 candi-
date'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 adjust-
ment  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  nomi-
nation  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 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, parent, grand-
parent, 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 great-
er, or in the case of a nomination or election of a state senator, twen-
ty  thousand  dollars,  whichever  is greater, or in the case of a nomi-
nation 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.] A. NO CONTRIBUTOR MAY MAKE
A CONTRIBUTION TO ANY CANDIDATE FOR ELECTION TO ANY PUBLIC OFFICE OR FOR

A. 656--A                           3

NOMINATION FOR ANY SUCH OFFICE, OR FOR ELECTION TO ANY PARTY  POSITIONS,
OR  MAKE  ANY  CONTRIBUTION  TO POLITICAL COMMITTEES WORKING DIRECTLY OR
INDIRECTLY WITH ANY CANDIDATE TO AID OR PARTICIPATE IN SUCH  CANDIDATE'S
NOMINATION  OR  ELECTION,  AND  NO  CANDIDATE OR POLITICAL COMMITTEE MAY
ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR, WHICH,  IN  THE  AGGREGATE
AMOUNT,  IS GREATER THAN TWO THOUSAND FOUR HUNDRED DOLLARS, AS INCREASED
OR DECREASED BY THE COST OF LIVING ADJUSTMENT DESCRIBED IN  PARAGRAPH  B
OF THIS SUBDIVISION.
  [c.]  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  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.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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