Senate Bill S4344

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4344
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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 contributions to prima-
   ry and general elections
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraphs  a and b of subdivision 1 of section 14-114 of
 the election law, as amended by chapter 659 of the  laws  of  1994,  are
 amended to read as follows:
   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
 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] WHICH IS GREATER THAN THE AMOUNT OF
 SEVEN THOUSAND DOLLARS FOR A  PRIMARY  ELECTION  AND  GREATER  THAN  THE
 AMOUNT OF ELEVEN THOUSAND DOLLARS FOR A GENERAL ELECTION.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03750-01-9

 S. 4344                             2
 
   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] WHICH IS GREATER THAN THE
 AMOUNT OF SEVEN THOUSAND DOLLARS FOR A PRIMARY ELECTION AND GREATER THAN
 THE AMOUNT OF ELEVEN THOUSAND DOLLARS FOR A GENERAL ELECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall  have  become  a  law;  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.