Assembly Bill A11638

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11638
 
                           I N  A S S E M B L Y
 
                               July 29, 2026
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Rosenthal)
   -- 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 III to read as follows:
                                 TITLE III
             CAMPAIGN CONTRIBUTION AND EXPENDITURE LIMITATIONS
 SECTION 14-300. LEGISLATIVE FINDINGS AND INTENT.
         14-301. DEFINITIONS.
         14-302. PROHIBITION ON CONTRIBUTIONS OR EXPENDITURES BY BUSINESS
                   ENTITIES.
         14-303. AGGREGATE CONTRIBUTION AND EXPENDITURE LIMITS.
         14-304. CONTRIBUTION LIMITS TO POLITICAL COMMITTEES.
         14-305. INDEXING LIMITS.
   §  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.
                                                            LBD16142-01-6
              

 A. 11638                            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. "BUSINESS ENTITY" MEANS ANY FOR-PROFIT OR NONPROFIT ENTITY, INCLUD-
 ING ANY FIRM, PARTNERSHIP, CORPORATION, INCORPORATED ASSOCIATION,  LABOR
 ORGANIZATION, OR OTHER ORGANIZATION.
   2.  "CANDIDATE"  SHALL  HAVE  THE SAME MEANING AS SUBDIVISION SEVEN OF
 SECTION 14-100 OF THIS ARTICLE.
   3. "CONSTITUTED COMMITTEE" SHALL HAVE THE SAME MEANING AS  SUBDIVISION
 THREE OF SECTION 14-100 OF THIS ARTICLE.
   4.  "CONTRIBUTION"  SHALL HAVE THE SAME MEANING AS SUBDIVISION NINE OF
 SECTION 14-100 OF THIS ARTICLE.
   5. "EXPENDITURE" MEANS  ANY  PURCHASE,  PAYMENT,  DISTRIBUTION,  LOAN,
 ADVANCE,  DEPOSIT,  OR  GIFT  OF MONEY OR ANYTHING OF VALUE, MADE BY ANY
 PERSON IN CONNECTION WITH ANY  ELECTION,  ADVOCATING  A  POSITION  ON  A
 PUBLIC QUESTION, OR SUPPORTING OR OPPOSING A CANDIDATE.
   6. "PARTY COMMITTEE" SHALL HAVE THE SAME MEANING AS SUBDIVISION TWO OF
 SECTION 14-100 OF THIS ARTICLE.
   7. "PERSON" MEANS ANY NATURAL PERSON OR BUSINESS ENTITY.
   8.  "POLITICAL  COMMITTEE"  SHALL HAVE THE SAME MEANING AS SUBDIVISION
 ONE OF SECTION 14-100 OF THIS ARTICLE.
   9. "POLITICAL PARTY" SHALL HAVE THE SAME MEANING AS SUBDIVISION  THREE
 OF SECTION 1-104 OF THIS CHAPTER.
   §  14-302.  PROHIBITION  ON  CONTRIBUTIONS OR EXPENDITURES BY BUSINESS
 ENTITIES. NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  ARTICLE,  IT  IS
 UNLAWFUL  FOR  ANY  BUSINESS  ENTITY OTHER THAN A POLITICAL COMMITTEE TO
 MAKE ANY CONTRIBUTION OR EXPENDITURE, OR FOR ANY CANDIDATE,  CONSTITUTED
 COMMITTEE, POLITICAL COMMITTEE, PARTY COMMITTEE OR OTHER PERSON TO KNOW-
 INGLY ACCEPT OR RECEIVE ANY CONTRIBUTION PROHIBITED BY THIS SECTION.
   § 14-303. AGGREGATE CONTRIBUTION AND EXPENDITURE LIMITS. NOTWITHSTAND-
 ING  ANY OTHER PROVISION OF THIS ARTICLE, NO PERSON OTHER THAN POLITICAL
 PARTIES AND CANDIDATES MAY MAKE CONTRIBUTIONS OR EXPENDITURES IN  EXCESS
 OF TWENTY-FIVE THOUSAND DOLLARS IN THE AGGREGATE ANNUALLY.
   § 14-304. CONTRIBUTION LIMITS TO POLITICAL COMMITTEES. NOTWITHSTANDING
 ANY OTHER PROVISION OF THIS ARTICLE, NO PERSON MAY MAKE CONTRIBUTIONS IN
 EXCESS OF TWO THOUSAND FIVE HUNDRED DOLLARS IN THE AGGREGATE ANNUALLY TO
 A POLITICAL COMMITTEE, REGARDLESS OF WHETHER THE COMMITTEE IS FORMED FOR
 THE  EXCLUSIVE  PURPOSE OF MAKING INDEPENDENT EXPENDITURES AS DEFINED IN
 SUBDIVISION ONE OF SECTION 14-107 OF THIS ARTICLE.
   § 14-305. INDEXING LIMITS.  BEGINNING  DECEMBER  FIRST,  TWO  THOUSAND
 TWENTY-SIX,  CONTRIBUTION AND EXPENDITURE LIMITS IN ACCORDANCE WITH THIS
 ARTICLE SHALL BE ADJUSTED EVERY TWO YEARS BASED ON  THE  CONSUMER  PRICE
 A. 11638                            3

 INDEX  AS  REPORTED  BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF
 LABOR STATISTICS AND ROUNDED TO THE NEAREST AMOUNT DIVISIBLE BY  TWENTY-
 FIVE DOLLARS.
   §  2. This act shall take effect on the thirtieth day after the Attor-
 ney General of the state of New York certifies  that  it  is  reasonably
 probable  to  be  upheld  as constitutional due to (a) an opinion by the
 Supreme Court; (b) the adoption of an amendment to  the  U.S.  Constitu-
 tion; or (c) any other reason, to be specified in the certification.