S T A T E O F N E W Y O R K
________________________________________________________________________
4970
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
___________
Introduced by M. of A. BRODSKY -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to campaign finance
reform; and to repeal section 2-126 of the election law relating ther-
eto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. 1. The legislature hereby finds that
the state has a long tradition of free, open and direct primaries where
rank and file members of political parties have the power to decide who
they want to represent their party in elections to public office. Ballot
access is open to all party members, and is not influenced or controlled
by party committees. The establishment of direct primaries a century ago
was a bedrock reform of the state political system.
2. The legislature further finds that, in response to federal and
state litigation invalidating these laws, that open and direct primary
elections are a significant element of a free society and must be
strengthened and protected in the laws of the state.
3. The legislature further finds that the state also has a tradition
of the existence and vibrancy of small minor parties. These important
parties offer opportunities for additional citizen participation in the
democratic process, but are endangered by interference in their candi-
date selection.
4. The legislature further finds that in an era where mass communi-
cations have driven the costs of campaign contributions and expenditures
through the roof, there are many dangers to the goal of the state's open
electoral process where rank and file party members maintain their voice
and power within the process. Chief among these is the ability of poli-
tical party committees, because of their fundraising advantages, to
deprive citizens of free choice in the primary process.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08254-01-9
A. 4970 2
5. Consequently, the legislature declares that, in order to protect
the free open and direct electoral process, it is the policy of the
state that the process be vigorously and vigilantly protected, while
preserving constitutional freedoms.
S 2. Section 2-126 of the election law is REPEALED and a new section
2-126 is added to read as follows:
S 2-126. PARTY FUNDS; RESTRICTIONS ON CERTAIN CONTRIBUTIONS AND
EXPENDITURES. NO CONTRIBUTIONS OF MONEY, OR THE EQUIVALENT THEREOF,
SHALL BE MADE DIRECTLY OR INDIRECTLY TO ANY PARTY COMMITTEE FOR THE
PURPOSES OF PRIMARY ELECTION EXPENDITURES. PARTY COMMITTEES SHALL NOT
MAKE ANY EXPENDITURES OF MONEY, INCLUDING BUT NOT LIMITED TO ANY MONEYS
IN THE TREASURY OF ANY PARTY COMMITTEE, OR THE EQUIVALENT THEREOF,
DIRECTLY OR INDIRECTLY TO ANY CANDIDATE WITHIN ITS PARTY TO ANY CANDI-
DATE DURING A PRIMARY. NO EXPENDITURES SHALL BE MADE BY ANY PARTY
COMMITTEE THAT ARE DIRECTED AT, AND INTENDED TO INFLUENCE ANOTHER
PARTY'S PRIMARY. NOTHING IN THIS SECTION FORBIDS THE EXPENDITURES BY
PARTY COMMITTEES ON BEHALF OF A CANDIDATE FOR THE GENERAL ELECTION.
S 3. Severability. If any provision of this act or its application to
any person or circumstance is held invalid, this invalidity does not
affect other provisions or applications of this act that can be given
effect without the invalid provision or application, and to this end the
provisions of this act are declared to be severable.
S 4. This act shall take effect immediately.