NY State Senate Bill 2009-S4549C

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2010	print number 4549c
Mar 10, 2010	amend and recommit to elections
Jan 06, 2010	referred to elections
Jun 11, 2009	print number 4549b
Jun 11, 2009	amend and recommit to elections
May 26, 2009	print number 4549a
May 26, 2009	amend (t) and recommit to elections
Apr 24, 2009	referred to elections

2009-S4549 - Details

See Assembly Version of this Bill:: A8753
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §14-114, rpld §14-124 sub 3, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S44, A5878
2013-2014: S174, A60
2015-2016: S5073, A7169
2017-2018: S4803, A2266

2009-S4549 - Summary

Reduces campaign contributions limits for candidates for election to public office or party position.

2009-S4549 - Sponsor Memo

                                 BILL NUMBER:  S4549

 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 $2,300 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 $2,300 per election
(or a total of $4,600 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 eliminate separate limits that currently apply
to family members of candidates.

 JUSTIFICATION : It 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
contributions that individuals can currently make to candidates,
especially the extraordinarily high contributions that may be given to

statewide candidates. Presently a single contributor may give up to
$55,900 to a candidate 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 ($2,300 for the primary and
$2,300 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 in over $250,000 of total contributions from one or more
family members).

This bill adopts the federal approach of setting a single limit of
$2,300 per election ($4,600 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
communicate 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 : 2008: A9095 (Kavanagh) - Election Law 2007:
A9095 (Kavanagh) - Election Law

 FISCAL IMPACT ON THE STATE : None

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

2009-S4549 - Bill Text download pdf

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

                                  4549

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by Sen. SQUADRON -- 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  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
any candidate's child, parent, grandparent, brother and sister, and  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00904-01-9

S. 4549                             2

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
NOMINATION OR ELECTION, AND NO  CANDIDATE  OR  POLITICAL  COMMITTEE  MAY

S. 4549                             3

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-S4549A - Details

See Assembly Version of this Bill:: A8753
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §14-114, rpld §14-124 sub 3, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S44, A5878
2013-2014: S174, A60
2015-2016: S5073, A7169
2017-2018: S4803, A2266

2009-S4549A - Summary

Reduces campaign contributions limits for candidates for election to public office or party position.

2009-S4549A - Sponsor Memo

                                 BILL NUMBER:  S4549A
 TITLE OF BILL :
An act to amend the election law, in relation to decreasing
contribution limitations; and to repeal subdivision 3 of section
14-124 of the election law relating thereto

 PURPOSE :
To reduce campaign contributions limits for candidates for election to
public office or party position.

 SUMMARY OF PROVISIONS :
Section 1: Amends Election Law 14-114 (1) to lower contribution limits
for individuals or political action committees in state and local
elections as follows: statewide candidates from $18,000 for primary
and $37,800 for general election to $5,000 for per election, i.e.,
$10,000 total; Senate candidates from $6,000 for primary and $9,500
for general election to $2,300 per election, i.e., $4,600 total; for
Assembly candidates from $3,800 for primary and $3,800 for general
election to $2,300 for each, i.e., $4,600 total; and for local
candidates, depending on office sought (except for candidates for
mayor, comptroller, public advocate, borough president or city council
participating in New York City's public financing program), ranges
from $1,000 to $3,000 depending on the number of enrolled voters on
active status in the district Beginning in 2012, contribution limits
will be adjusted annually to the nearest $100, based on Consumer Price
Index for all urban consumers as published by U.S. Depart of Labor.

Individual Limits to      Current Law    Bill      Reduction
Candidates Per
Election Cycle
(also applies to PACs
and Labor Organizations)

Statewide Candidates
Primary                   $18,000        $ 5,000     72%
General Election          $37,800        $ 5,000     87%
Total                     $55,800        $10,000     82%

Senate Candidates
Primary                   $ 6,000        $ 2,300     39%
General Election          $ 9,500        $ 2,300     75%
Total                     $15,000        $ 4,600     69%
Assembly Candidates
Primary                   $ 3,800        $ 2,300     39%
General Election          $ 3,800        $ 2,300     39%
Total                     $ 7,600        $ 4,600     39%

Local Candidates          Depending      Depending
                          on Office      on Office
                          Sought         Sought
                          Ranged         Ranges
                          From           From
                          $1,000         $1,000
                          to             to
                          $55,000        $3,000

Section  2:  Amends  Election  Law  14-1114  (8)  to  lower the annual
individual aggregate contribution limit to  all  candidate,  political
parties and political committees from $150,000 to $25,000.

Aggregate Limits in a     Current Law    Bill
Calendar Year to
Candidates and
Committees

Individuals               $150,000       $25,000    83%
Corporations              $  5,000       $ 5,000    Same

Section  3:  Amends  Election  Law  14-1114  (10)  to lower the annual
aggregate contribution to political parties from $94,200 to $25,000.

Aggregate Limits in a     Current Law     Bill Calendar Year to  Party
Committees

Individuals               $94,200        $25,000    72%
Labor Organizations       $94,200        $25,000    72%
PACs                      $94,200        $25,000    72%

Section  4:  Repeals  Election Law 14-124(3) in order to eliminate the
ability to contribute unlimited  sums  to  so-called  party  committee
"housekeeping accounts."

Section 5: Contains the effective date.

 JUSTIFICATION :
It  is  widely  believed  that  New  York's campaign finance laws need
substantial revision to ensure  the  integrity  of  elections  in  the
state. This bill addresses one of the ways that New York's laws differ
significantly  from  the  laws  of other states that regulate campaign
contributions: the extremely high contributions that may be  given  to
candidates.  For  example, presently, a single contributor may give up
to $55,900 to a statewide candidate 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. A single contributor can donate up to $15,000
to a candidate for the New York State Senate.

This bill would, among other things, reduce  the  amount  able  to  be
contributed  to a candidate for Governor to $5,000 for the primary and
$5,000 for the general election for a  total  of  $10,000,  and  would
reduce  the  amount  a contributor could donate toward a candidate for
the state legislature to  $2,300  for  the  primary  and  the  general
election, for a total of $4,600.

The  City  of  New York has adopted lower contribution limits in local
law; this bill would not affect the city's campaign finance system.

 EFFECTIVE DATE :
This act shall take effect 60 days after enactment,  except  that  the
amendments  to  article  14  of  Election  Law made by this act, which
establish new contribution limits shall take effect, January 1, 2011.

2009-S4549A - Bill Text download pdf

2009-S4549B - Details

See Assembly Version of this Bill:: A8753
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §14-114, rpld §14-124 sub 3, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S44, A5878
2013-2014: S174, A60
2015-2016: S5073, A7169
2017-2018: S4803, A2266

2009-S4549B - Summary

Reduces campaign contributions limits for candidates for election to public office or party position.

2009-S4549B - Sponsor Memo

                                 BILL NUMBER:  S4549B

 TITLE OF BILL :
An act to amend the election law, in relation to decreasing
contribution limitations; and to repeal subdivision 3 of section
14-124 of the election law relating thereto


 PURPOSE OF BILL :
To reduce campaign contributions limits for candidates for election to
public office or party position.

 SUMMARY OF PROVISIONS :
Section 1 of the bill amends 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, to lower
contribution limits for individuals or political action committees in
state and local elections as follows: statewide candidates from
$18,000 for primary and $37,800 for general election to $5,000 for per
election, i.e., $10,000 total; Senate candidates from $6,000 for
primary and $9,500 for general election to $2,300 per election, i.e.,
$4,600 total; for Assembly candidates from $3,800 for primary and
$3,800 for general election to $2,300 for each, i.e., $4,600 total;
and for local candidates, depending on office sought (except for
candidates for mayor, comptroller, public advocate, borough president
or city council participating in New York City's public financing

program), ranges from $1,000 to $3,000 depending on the number of
enrolled voters on active status in the district.  Beginning in 2012,
contribution limits will be adjusted annually to the nearest $100,
based on the Consumer Price Index for all urban consumers as published
by U.S. Department of Labor.

Individual Limits to Current Law Bill Reduction Candidates Per
Election Cycle (also applies to PACs and Labor Organizations)

Statewide Candidates
Primary            $18,000     $ 5,000     72%
General Election   $37,800     $ 5,000     87%
Total              $55,800     $10,000     82%

Senate Candidates
Primary            $ 6,000     $ 2,300    62%
General Election   $ 9,500     $ 2,300    76%
Total              $15,500     $ 4,600    70%

Assembly Candidates
Primary            $ 3,800     $ 2,300    39%
General Election   $ 3,800     $ 2,300    39%
Total              $ 7,600     $ 4,600    39%

Local Candidates Depending on Office Sought

Ranged  From             Ranges From $1,000                  $1,000 to
to $55,000            $3,000

Section 2 of the bill amends subdivision 8 of section  14-114  of  the
election  law,  as  amended  by  chapter  8 of the laws of 1978 and as
re-designated by chapter 9 of the laws of 1978, to  lower  the  annual
individual  aggregate  contribution limit to all candidates, political
parties and political committees from $150,000 to  $25,000.  Aggregate
Limits  in  a  Current  Law  Bill  Calendar  Year  to  Candidates  and
Committees Individuals             $150,000      $25,000           83%
Corporations       $  5,000    $ 5,000      Same

Section  3  of the bill amends subdivision 10 of section 14-114 of the
election law, as added by chapter 79 of the laws of 1992, to lower the
annual aggregate contribution to political  parties  from  $94,200  to
$25,000.

Aggregate  Limits  in  a  Current  Law  Bill  Calendar  Year  to Party
Committees

Individuals         $94,200     $25,000     73%

Labor Organizations $94,200     $25,000     73%

PACs                $94,200     $25,000     73%

Section 4 of the bill repeals subdivision 3 of section 14-124  of  the
election law in order to eliminate the ability to contribute unlimited
sums to so-called party committee "housekeeping accounts."

Section 5 of the bill establishes the effective date.

 JUSTIFICATION :
It  is  widely  believed  that  New  York's campaign finance laws need
substantial revision to ensure  the  integrity  of  elections  in  the
state. This bill addresses one of the ways that New York's laws differ
significantly  from  the  laws  of other states that regulate campaign
contributions: the extremely high contributions that may be  given  to
candidates.  For  example, presently, a single contributor may give up
to $55,900 to a statewide candidate 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.  A single contributor can donate up to $15,500
to  a  candidate for the New York State Senate. This bill would, among
other provisions,  reduce  the  allowable  contribution  amount  to  a
candidate  for  Governor  to $5,000 for the primary and $5,000 for the
general election  for  a  total  of  $10,000;  and  would  reduce  the
contribution  limit  for  the state legislature to $2,300 for both the
primary and the general election, for a total of $4,600.

 LEGISLATIVE HISTORY :
None.

 FISCAL IMPACT ON THE STATE :
None.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day  after  it  shall  have
become  a law; provided, however, that the amendments to article 14 of
the election law made by this act, which  establish  new  contribution
limits,  shall  take  effect  January 1, 2011; provided, further, that
contributions legally received prior to the effective date of this act
may be retained and expended for lawful purposes and shall not provide
the basis for a violation of  article  14  of  the  election  law,  as
amended  by  this  act; and provided, further, that the state board of
elections shall notify all candidates and political committees of  the
applicable  provisions  of  this act within thirty days after this act
shall have become a law.

2009-S4549B - Bill Text download pdf

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

                                 4549--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Elections  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the election law, in relation to decreasing contribution
  limitations; and to repeal subdivision 3  of  section  14-124  of  the
  election law relating thereto

  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] FIVE 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] 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.
                                                           LBD00904-07-9

S. 4549--B                          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[,];  BUT  IN NO EVENT SHALL ANY SUCH MAXIMUM EXCEED
THREE THOUSAND DOLLARS OR BE LESS THAN ONE THOUSAND DOLLARS; however  in
the case of a nomination OR ELECTION within the city of New York for the
office of mayor, public advocate [or], comptroller, BOROUGH PRESIDENT OR
MEMBER  OF  THE  CITY  COUNCIL, 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 adjust-
ment described in paragraph c of this subdivision] EQUAL TO THE CONTRIB-
UTION  LIMITS  SET  FORTH IN PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION
3-703 OF THE ADMINISTRATIVE CODE OF  THE  CITY  OF  NEW  YORK;  PROVIDED
HOWEVER  in  the  case  of  a  nomination OR ELECTION for state senator,
[four] TWO thousand THREE HUNDRED dollars as increased or  decreased  by
the  cost of living adjustment described in paragraph c of this subdivi-
sion; [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] A nomination OR ELECTION for a member of the  assembly,
[twenty-five hundred] TWO THOUSAND THREE 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, grandparent, 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 greater, or in the
case of a nomination or election of a  state  senator,  twenty  thousand
dollars,  whichever  is  greater,  or  in  the  case  of a nomination or
election of a member  of  the  assembly  twelve  thousand  five  hundred

S. 4549--B                          3

dollars,  whichever  is  greater, but in no event shall any such maximum
exceed one hundred thousand dollars].
  c. At the beginning of each fourth calendar year, commencing in [nine-
teen  hundred  ninety-five]  TWO  THOUSAND TWELVE, 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.  Subdivision 8 of section 14-114 of the election law, as amended
by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
laws of 1978, is amended to read as follows:
  8. A. Except as may otherwise be provided [for] BY  a  candidate  [and
his  family] FOR HIS OR HER OWN CAMPAIGN, no NATURAL person may contrib-
ute, loan or guarantee in excess  of  [one  hundred  fifty]  TWENTY-FIVE
thousand  dollars  within  the state OF NEW YORK IN ANY CALENDAR YEAR in
connection with the nomination or election of  [persons  to]  CANDIDATES
FOR state [and] OR local public offices [and] OR party positions [within
the state of New York in any one calendar year].
  B.  For  the  purposes of this subdivision "loan" or "guarantee" shall
mean a loan or guarantee which is not repaid or discharged in the calen-
dar year in which it is made.
  S 3. Subdivision 10 of section 14-114 of the election law, as added by
chapter 79 of the laws of 1992, is amended to read as follows:
  10. a. No contributor may make a contribution to a  party  or  consti-
tuted committee and no such committee may accept a contribution from any
contributor  which,  in the aggregate, is greater than [sixty-two] TWEN-
TY-FIVE thousand [five hundred] dollars per annum.
  b. At the beginning of each fourth calendar year, commencing in [nine-
teen hundred ninety-five] TWO THOUSAND THIRTEEN, 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
such contribution limit fixed in paragraph a of 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 such contribution limit. Such  contribution  limit  as  so
adjusted shall be the contribution limit in effect for any election held
before the next such adjustment.
  S 4. Subdivision 3 of section 14-124 of the election law is REPEALED.
  S  5.  This  act  shall  take  effect  January 1, 2011; provided, that
contributions legally received prior to the effective date of  this  act
may  be  retained and expended for lawful purposes and shall not provide
the basis for a violation of article 14 of the election law, as  amended
by  this  act;  and provided, further, that the state board of elections
shall notify all candidates and political committees of  the  applicable
provisions  of  this  act  within  thirty days after this act shall have
become a law.

2009-S4549C (ACTIVE) - Details

See Assembly Version of this Bill:: A8753
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §14-114, rpld §14-124 sub 3, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S44, A5878
2013-2014: S174, A60
2015-2016: S5073, A7169
2017-2018: S4803, A2266

2009-S4549C (ACTIVE) - Summary

Reduces campaign contributions limits for candidates for election to public office or party position.

2009-S4549C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4549C

 TITLE OF BILL :
An act to amend the election law, in relation to decreasing
contribution limitations; and to repeal subdivision 3 of section
14-124 of the election law relating thereto


 PURPOSE OF BILL :
To reduce campaign contributions limits for candidates for election to
public office or party position.

 SUMMARY OF PROVISIONS :
Section 1 of the bill amends 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, to lower
contribution limits for individuals or political action committees in
state and local elections as follows: statewide candidates from
$18,000 for primary and $37,800 for general election to $5,000 for per
election, i.e., $10,000 total; Senate candidates from $6,000 for
primary and $9,500 for general election to $2,400 per election, i.e.,
$4,800 total; for Assembly candidates from $3,800 for primary and
$3,800 for general election to $2,400 for each, i.e., $4,800 total;
and for local candidates, depending on office sought (except for
candidates for mayor, comptroller, public advocate, borough president
or city council participating in New York City's public financing

program), ranges from $1,000 to $3,000 depending on the number of
enrolled voters on active status in the district.  Beginning in 2012,
contribution limits will be adjusted annually to the nearest $100,
based on the Consumer Price Index for all urban consumers as published
by U.S. Department of Labor.

Individual Limits to Current Law Bill Reduction Candidates Per
Election Cycle (also applies to PACs and Labor Organizations)

Statewide Candidates
Primary            $18,000     $ 5,000     72%
General Election   $37,800     $ 5,000     87%
Total              $55,800     $10,000     82%

Senate Candidates
Primary            $ 6,000     $ 2,400    62%
General Election   $ 9,500     $ 2,400    76%
Total              $15,500     $ 4,800    70%

Assembly Candidates
Primary            $ 3,800     $ 2,400    39%
General Election   $ 3,800     $ 2,400    39%
Total              $ 7,600     $ 4,800    39%

Local Candidates Depending on Office Sought

Ranged From        Ranges From
$1,000             $1,000
to                 to
$55,000            $3,000

Section  2  of  the bill amends subdivision 8 of section 14-114 of the
election law, as amended by chapter 8 of  the  laws  of  1978  and  as
re-designated  by  chapter  9 of the laws of 1978, to lower the annual
individual aggregate contribution limit to all  candidates,  political
parties and political committees from $150,000 to $25,000.

Aggregate Limits in a Current Law Bill Calendar Year to Candidates and
Committees

Individuals          $150,000    $25,000      83% Corporations       $
5,000    $ 5,000      Same

Section  3  of the bill amends subdivision 10 of section 14-114 of the
election law, as added by chapter 79 of the laws of 1992, to lower the
annual aggregate contribution to political  parties  from  $94,200  to
$25,000.

Aggregate  Limits  in  a  Current  Law  Bill  Calendar  Year  to Party
Committees

Individuals         $94,200     $25,000     73%

Labor Organizations $94,200     $25,000     73%

PACs                $94,200     $25,000     73%

Section 4 of the bill repeals subdivision 3 of section 14-124  of  the
election law in order to eliminate the ability to contribute unlimited
sums to so-called party committee "housekeeping accounts."

Section 5 of the bill establishes the effective date.

 JUSTIFICATION :
It  is  widely  believed  that  New  York's campaign finance laws need
substantial revision to ensure  the  integrity  of  elections  in  the
state. This bill addresses one of the ways that New York's laws differ
significantly  from  the  laws  of other states that regulate campaign
contributions: the extremely high contributions that may be  given  to
candidates.  For  example, presently, a single contributor may give up
to $55,900 to a statewide candidate 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.  A single contributor can donate up to $15,500
to  a  candidate for the New York State Senate. This bill would, among
other provisions,  reduce  the  allowable  contribution  amount  to  a
candidate  for  Governor  to $5,000 for the primary and $5,000 for the
general election  for  a  total  of  $10,000;  and  would  reduce  the
contribution  limit  for  the state legislature to $2,400 for both the
primary and the general election, for a total of $4,800.

 LEGISLATIVE HISTORY :
2009:  A.08753 (Kavanagh) - Election Law

 FISCAL IMPACT ON THE STATE :
None.

 EFFECTIVE DATE :
This act shall take effect effect January 1, 2011; provided,  further,
that  contributions  legally  received  prior to the effective date of
this act may be retained and expended for lawful  purposes  and  shall
not  provide  the  basis for a violation of article 14 of the election
law, as amended by this act; and provided,  further,  that  the  state
board   of   elections  shall  notify  all  candidates  and  political
committees of the applicable provisions of this act within thirty days
after this act shall have become a law.

2009-S4549C (ACTIVE) - Bill Text download pdf

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

                                 4549--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Elections  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Elections in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the election law, in relation to decreasing contribution
  limitations; and to repeal subdivision 3  of  section  14-124  of  the
  election law relating thereto

  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] FIVE thousand

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00904-12-0

S. 4549--C                          2

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] 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
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[,];  BUT  IN NO EVENT SHALL ANY SUCH MAXIMUM EXCEED
THREE THOUSAND DOLLARS OR BE LESS THAN ONE THOUSAND DOLLARS; however  in
the case of a nomination OR ELECTION within the city of New York for the
office of mayor, public advocate [or], comptroller, BOROUGH PRESIDENT OR
MEMBER  OF  THE  CITY  COUNCIL, 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 adjust-
ment described in paragraph c of this subdivision] EQUAL TO THE CONTRIB-
UTION  LIMITS  SET  FORTH IN PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION
3-703 OF THE ADMINISTRATIVE CODE OF  THE  CITY  OF  NEW  YORK;  PROVIDED
HOWEVER  in  the  case  of  a  nomination OR ELECTION for state senator,
[four] TWO thousand FOUR HUNDRED dollars as increased  or  decreased  by
the  cost of living adjustment described in paragraph c of this subdivi-
sion; [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] A nomination OR ELECTION for a member of the  assembly,
[twenty-five  hundred] TWO THOUSAND FOUR 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, grandparent, 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

S. 4549--C                          3

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 greater, or  in  the
case  of  a  nomination  or election of a state senator, twenty thousand
dollars, whichever is greater,  or  in  the  case  of  a  nomination  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].
  c. At the beginning of each fourth calendar year, commencing in [nine-
teen  hundred  ninety-five]  TWO  THOUSAND TWELVE, 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.  Subdivision 8 of section 14-114 of the election law, as amended
by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
laws of 1978, is amended to read as follows:
  8. A. Except as may otherwise be provided [for] BY  a  candidate  [and
his  family] FOR HIS OR HER OWN CAMPAIGN, no NATURAL person may contrib-
ute, loan or guarantee in excess  of  [one  hundred  fifty]  TWENTY-FIVE
thousand  dollars  within  the state OF NEW YORK IN ANY CALENDAR YEAR in
connection with the nomination or election of  [persons  to]  CANDIDATES
FOR state [and] OR local public offices [and] OR party positions [within
the state of New York in any one calendar year].
  B.  For  the  purposes of this subdivision "loan" or "guarantee" shall
mean a loan or guarantee which is not repaid or discharged in the calen-
dar year in which it is made.
  S 3. Subdivision 10 of section 14-114 of the election law, as added by
chapter 79 of the laws of 1992, is amended to read as follows:
  10. a. No contributor may make a contribution to a  party  or  consti-
tuted committee and no such committee may accept a contribution from any
contributor  which,  in the aggregate, is greater than [sixty-two] TWEN-
TY-FIVE thousand [five hundred] dollars per annum.
  b. At the beginning of each fourth calendar year, commencing in [nine-
teen hundred ninety-five] TWO THOUSAND THIRTEEN, 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
such contribution limit fixed in paragraph a of 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 such contribution limit. Such  contribution  limit  as  so
adjusted shall be the contribution limit in effect for any election held
before the next such adjustment.
  S 4. Subdivision 3 of section 14-124 of the election law is REPEALED.
  S  5.  This  act  shall  take  effect  January 1, 2011; provided, that
contributions legally received prior to the effective date of  this  act

S. 4549--C                          4

may  be  retained and expended for lawful purposes and shall not provide
the basis for a violation of article 14 of the election law, as  amended
by  this  act;  and provided, further, that the state board of elections
shall  notify  all candidates and political committees of the applicable
provisions of this act within thirty days  after  this  act  shall  have
become a law.

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Archive: Last Bill Status - In Senate Committee Elections Committee

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