Assembly Bill A11518

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11518
 
                           I N  A S S E M B L Y
 
                               May 28, 2026
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lasher) --
   read once and referred to the Committee on Election Law
 
 AN ACT to amend the election law, in relation to  campaign  contribution
   and expenditure limitations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 14 of the election law is amended by adding  a  new
 title 3 to read as follows:
                                 TITLE III
             CAMPAIGN CONTRIBUTION AND EXPENDITURE LIMITATIONS
 SECTION 14-300. LEGISLATIVE FINDINGS AND INTENT.
         14-301. DEFINITIONS.
         14-302. AGGREGATE CONTRIBUTION AND EXPENDITURE LIMITS.
         14-303. CONTRIBUTION   AND  EXPENDITURE  LIMITS  FROM  POLITICAL
                   COMMITTEES.
         14-304. CORPORATE CONTRIBUTION LIMITS TO INDEPENDENT EXPENDITURE
                   COMMITTEES.
         14-305. SEVERABILITY.
   § 14-300. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE FINDS  THAT
 THE  SUPREME  COURT'S  DECISIONS  IN CITIZENS UNITED V. FEC, 558 US. 310
 (2010), MCCUTCHEON V FEC, 572 U.S. 185 (2014),  BUCKLEY  V.  VALEO,  424
 U.S. 1 (1976), AND OTHER CAMPAIGN FINANCE CASES ARE WRONGLY DECIDED. THE
 LEGISLATURE  FINDS  THAT THE U.S. CONSTITUTION EMBODIES THE PRINCIPLE OF
 DEMOCRACY, THE IDEA THAT ALL CITIZENS ARE  ENTITLED  TO  PARTICIPATE  IN
 SELF-GOVERNMENT  AS  POLITICAL EQUALS AND THAT, WITH CITIZENS UNITED AND
 THE OTHER CASES, THE COURT CONTRAVENED THIS  FUNDAMENTAL  CONSTITUTIONAL
 GUARANTEE.  THE  LEGISLATURE  FINDS  THAT  CITIZENS UNITED AND THE OTHER
 CASES  EMPOWER  WEALTHY  SPECIAL  INTERESTS  TO   MONOPOLIZE   POLITICAL
 DISCOURSE  AT  THE EXPENSE OF THE PUBLIC; UNCONSTITUTIONALLY DISABLE THE
 LEGISLATURE FROM TAKING COMMON-SENSE STEPS TO REDUCE THE APPEARANCE  AND
 REALITY OF CORRUPTION, WHICH INCLUDES UNDUE ACCESS TO AND INFLUENCE OVER
 GOVERNMENT  OFFICIALS;  AND  GIVE  RISE  TO A DISTRUST IN GOVERNMENT AND
 CITIZEN APATHY THAT UNDERMINES THE DEMOCRATIC OPERATION OF THE POLITICAL
 PROCESS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15124-03-6
 A. 11518                            2
 
   THE LEGISLATURE AMENDS THIS ARTICLE CREATING A NEW TITLE TO THIS ARTI-
 CLE TO ENABLE THE PUBLIC AT LARGE TO PARTICIPATE IN THE POLITICAL  PROC-
 ESS  BY  REDUCING  THE  UNDEMOCRATIC  INFLUENCE OF SPECIAL INTERESTS; TO
 ELIMINATE THE APPEARANCE AND REALITY OF POLITICAL CORRUPTION THAT INEVI-
 TABLY  ARISES  WHEN  UNLIMITED  MONEY  IS ALLOWED TO INFLUENCE POLITICAL
 OUTCOMES; TO RESTORE PUBLIC FAITH AND PARTICIPATION IN DEMOCRACY; AND TO
 VINDICATE THE U.S. CONSTITUTION'S FUNDAMENTAL  PRINCIPLE  OF  DEMOCRACY,
 WHICH HAS BEEN SO CALLOUSLY DISREGARDED BY THE SUPREME COURT.
   THEREFORE,  THE LEGISLATURE DECLARES THAT THESE AMENDMENTS FURTHER THE
 IMPORTANT AND VALID  GOVERNMENT  INTERESTS  OF  ENSURING  THE  CONSTITU-
 TIONALLY  GUARANTEED  POLITICAL  EQUALITY  OF ALL CITIZENS, REDUCING THE
 APPEARANCE AND REALITY OF POLITICAL CORRUPTION, ENCOURAGING BROAD  BASED
 PUBLIC  PARTICIPATION IN DEMOCRACY, AND ENCOURAGING QUALIFIED CANDIDATES
 TO  RUN  FOR  OFFICE,  WHILE  REDUCING  CANDIDATES'  AND  OFFICEHOLDERS'
 FUNDRAISING BURDENS.
   §  14-301.  DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
 IN SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
   2.  "INDEPENDENT EXPENDITURE" SHALL HAVE THE SAME MEANING AS SUCH TERM
 IS DEFINED IN SUBDIVISION ONE OF SECTION 14-107 OF THIS ARTICLE.
   3.  "INDEPENDENT EXPENDITURE COMMITTEE" SHALL HAVE THE SAME MEANING AS
 SUCH TERM IS DEFINED IN SUBDIVISION FIFTEEN OF SECTION  14-100  OF  THIS
 ARTICLE.
   4.  "POLITICAL  COMMITTEE" SHALL HAVE THE SAME MEANING AS SUCH TERM IS
 DEFINED IN SUBDIVISION ONE OF SECTION 14-100 OF THIS ARTICLE.
   § 14-302. AGGREGATE CONTRIBUTION AND  EXPENDITURE  LIMITS.  THE  STATE
 BOARD  OF  ELECTIONS  SHALL  RESUME  ENFORCEMENT OF SUBDIVISION EIGHT OF
 SECTION 14-114 OF THIS ARTICLE.
   § 14-303. CONTRIBUTION AND EXPENDITURE LIMITS FROM  POLITICAL  COMMIT-
 TEES.  AN  INDIVIDUAL  OR  ENTITY  MAKING  A CONTRIBUTION TO A POLITICAL
 COMMITTEE, REGARDLESS OF WHETHER THE COMMITTEE IS FORMED FOR THE  EXCLU-
 SIVE  PURPOSE  OF MAKING INDEPENDENT EXPENDITURES AS DEFINED IN SUBDIVI-
 SION ONE OF SECTION 14-107 OF THIS ARTICLE, SHALL BE SUBJECT TO THE SAME
 LIMITS THAT APPLY TO AN INDIVIDUAL OR ENTITY MAKING  A  DIRECT  CONTRIB-
 UTION  AS  SET FORTH IN SECTIONS 14-114, 14-116 AND 14-120 OF THIS ARTI-
 CLE.
   § 14-304. CORPORATE CONTRIBUTION  LIMITS  TO  INDEPENDENT  EXPENDITURE
 COMMITTEES.  THE  STATE  BOARD  OF ELECTIONS SHALL RESUME ENFORCEMENT OF
 SUBDIVISION TWO OF SECTION 14-116 OF THIS ARTICLE FOR VIOLATIONS OF  THE
 CONTRIBUTION  LIMIT FOR CORPORATIONS MAKING CONTRIBUTIONS TO INDEPENDENT
 EXPENDITURE COMMITTEES.
   § 14-305.  SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH,  SUBDIVI-
 SION,  SECTION OR PART OF THIS TITLE SHALL BE DETERMINED BY ANY COURT OF
 COMPETENT JURISDICTION TO BE INVALID, SUCH JUDGMENT  SHALL  NOT  AFFECT,
 IMPAIR OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS
 OPERATION  TO  THE  PARTICULAR CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,
 SECTION OR PART THEREOF DIRECTLY FOUND INVALID IN THE JUDGMENT RENDERED.
 IT IS HEREBY DECLARED TO BE THE INTENT  OF  THE  LEGISLATURE  THAT  THIS
 TITLE  WOULD  HAVE  BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT
 BEEN INCLUDED HEREIN.
   § 2. This act shall take effect immediately; provided that any section
 contained in title 3 of article 14 of  the  election  law  as  added  by
 section one of this act shall take effect on the thirtieth day after the
 attorney  general  certifies  that  it  is reasonably probable that such
 section would be upheld as constitutional due to: (i) an opinion by  the
 A. 11518                            3
 
 U.S.  Supreme  Court;  (ii)  the  adoption  of  an amendment to the U.S.
 Constitution; or (iii) any other reason, to be specified in the  certif-
 ication.   The attorney general shall make such certification or certif-
 ications  as  soon  as  practicable and no later than one year after the
 occurrence of such events. The attorney general shall notify the  legis-
 lative bill drafting commission upon the occurrence of any such decision
 or event in order that the commission may maintain an accurate and time-
 ly  effective data base of the official text of the laws of the state of
 New York in furtherance of effectuating the provisions of section 44  of
 the legislative law and section 70-b of the public officers law.