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.