Senate Bill S4366

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4366
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 eliminating family
   contribution exceptions
 
   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 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 thousand dollars divided equally among
 the primary and general election in an election cycle[; provided  howev-
 er,  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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06465-01-3
 S. 4366                             2
              

 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
 this subdivision; in the case of a  nomination  or  election  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[;
 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].
   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-
 S. 4366                             3

 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,  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.
   (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.
   § 2. This act shall take effect immediately.