S T A T E O F N E W Y O R K
________________________________________________________________________
790
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. CARROLL -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to contributions to candi-
dates and political committees
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] SIX thou-
sand 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] SUCH public office, [twenty-five] SIX 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05406-01-1
A. 790 2
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 nomination to public office an amount equivalent to the product
of the number of enrolled voters in the candidate's party in the state,
excluding 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 inactive 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 OR ELECTION for state
senator, four 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 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 nomination for a member of the assembly, [twenty-five
hundred] TWO THOUSAND 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 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 TWENTY-SIX, the state board shall
determine the percentage of the difference between the most recent
A. 790 3
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 AND EXPRESSLY IDENTIFIED FOR ADJUSTMENT 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.
§ 2. Subdivision 1 of section 14-114 of the election law, as amended
by section 3 of part ZZZ of chapter 58 of the laws of 2020, 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, partic-
ipating in the state's public campaign financing system pursuant to
title two of this article and no such candidate or political committee
may accept any contribution from any contributor, which is in the aggre-
gate amount greater than [eighteen] SIX thousand dollars divided equally
among the primary and general election in an election cycle; 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 nomination to public office an amount
equivalent to the product of the number of enrolled voters in the candi-
date's party in the state, excluding voters in inactive status, multi-
plied 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 inactive 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 participat-
ing in the state's public campaign financing system pursuant to title
two of this article and no such candidate or political committee may
accept any contribution from any contributor, which is in the aggregate
amount greater than election for party position, or for nomination to
public office, the product of the total 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 $.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
A. 790 4
this subdivision; in the case of a nomination or election for state
senator, [ten] FOUR thousand dollars, divided equally among the primary
and general election in an election cycle; in the case of an election or
nomination for a member of the assembly, [six] TWO thousand dollars,
divided equally among the primary and general election in an election
cycle; 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 dollars, whichever is greater, but in no event
shall any such maximum exceed one hundred thousand dollars.
c. 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 in
connection with a candidate who is not a participating candidate as
defined in subdivision fourteen of section 14-200-a of this article, and
no such candidate or political committee may accept any contribution
from any contributor, which is in the aggregate amount greater than
eighteen thousand dollars, divided equally among the primary and general
election in an election cycle; 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.
d. In any nomination or election of a candidate who is not a partic-
ipating candidate for state senator, ten thousand dollars, divided
equally among the primary and general election in an election cycle; in
the case of an election or nomination for a member of the assembly, six
thousand dollars, divided equally among the primary and general election
in an election cycle.
e.(1) At the beginning of each fourth calendar year, commencing in
[nineteen hundred ninety-five] TWO THOUSAND TWENTY-SIX, 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 AND EXPRESSLY IDENTIFIED FOR ADJUSTMENT 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
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contribution limit as so adjusted shall be the contribution limit in
effect for any election held before the next such adjustment.
(2) Provided, however, that such adjustments shall not occur for
candidates seeking statewide office, or the position of state senator or
member of the assembly, whether such candidate does or does not partic-
ipate in the public finance program established pursuant to title two of
this article.
f. Notwithstanding any other contribution limit in this section,
participating candidates as defined in subdivision fourteen of section
14-200-a of this article may contribute, out of their own money, three
times the applicable contribution limit to their own authorized commit-
tee.
§ 3. This act shall take effect immediately, provided that the amend-
ments to subdivision 1 of section 14-114 of the election law made by
section one of this act shall be subject to the expiration of such
subdivision pursuant to section 12 of part ZZZ of chapter 58 of the laws
of 2020, when upon such date the provisions of section two of this act
shall take effect.