A 3960: Relates to public financing for state office; provides limitations on contributions to candidates for election to any public office in the state.

  
  STATE OF NEW YORK ________________________________________________________________________ 3960 2025-2026 Regular Sessions  IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. HAWLEY -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to public financing for state office; to repeal the title heading of title I and title II of the election law relating thereto; to repeal section 92-t and subdivi- sion 5 of section 95 of the state finance law relating to the New York state campaign finance fund; and to repeal section 630-h of the tax law relating to the New York state campaign finance fund check-off The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The article heading of article 14 of the election law, as 2 amended by section 1 of part ZZZ of chapter 58 of the laws of 2020, is 3 amended to read as follows: 4 CAMPAIGN RECEIPTS AND EXPENDITURES; [PUBLIC FINANCING] 5 § 2. The title heading of title I and title II of article 14 of the 6 election law are REPEALED. 7 § 3. Subdivision 1 of section 14-114 of the election law, as amended 8 by chapter 105 of the laws of 2023, is amended to read as follows: 9 1. The following limitations apply to all contributions to candidates 10 for election to any public office or for nomination for any such office, 11 or for election to any party positions, and to all contributions to 12 political committees working directly or indirectly with any candidate 13 to aid or participate in such candidate's nomination or election, other 14 than any contributions to any party committee or constituted committee: 15 a. In any election for a public office to be voted on by the voters of 16 the entire state, or for nomination to any such office, no contributor 17 may make a contribution to any candidate or political committee, 18 [participating in the state's public campaign financing system pursuant 19 to title two of this article] and no [such] candidate or political 20 committee may accept any contribution from any contributor, which is in 21 the aggregate amount greater than [eighteen]: (i) in the case of any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05002-01-5 
 A. 3960 2 1 nomination to public office, the product of the total number of enrolled 2 voters in the candidate's party in the state, excluding voters in inac- 3 tive status, multiplied by $.005, but such amount shall be not less than 4 four thousand dollars nor more than twelve thousand dollars [divided 5 equally among the primary and general election in an election cycle] as 6 increased or decreased by the cost of living adjustment described in 7 paragraph c of this subdivision, and (ii) in the case of any election to 8 a public office, twenty-five thousand dollars as increased or decreased 9 by the cost of living adjustment described in paragraph c of this subdi- 10 vision; provided however, that the maximum amount which may be so 11 contributed or accepted, in the aggregate, from any candidate's child, 12 parent, grandparent, [brother and sister] sibling, and the spouse of any 13 such persons, shall not exceed in the case of any nomination to public 14 office an amount equivalent to the product of the number of enrolled 15 voters in the candidate's party in the state, excluding voters in inac- 16 tive status, multiplied by $.025, and in the case of any election for a 17 public office, an amount equivalent to the product of the number of 18 registered voters in the state excluding voters in inactive status, 19 multiplied by $.025. 20 b. In any nomination or election of a candidate [participating in the 21 state's public campaign financing system pursuant to title two of this 22 article], no [such] candidate or political committee may accept any 23 contribution from any contributor, which is in the aggregate amount 24 greater than: (i) in the case of a nomination [or election] for state 25 senator, [ten] four thousand dollars, [divided equally among the primary 26 and general election in an election cycle] as increased or decreased by 27 the cost of living adjustment described in paragraph c of this subdivi- 28 sion; in the case of an election for state senator, six thousand two 29 hundred fifty dollars as increased or decreased by the cost of living 30 adjustment described in paragraph c of this subdivision; and (ii) in the 31 case of a nomination or election for member of the assembly, [six thou- 32 sand] twenty-five hundred dollars, [divided equally among the primary 33 and general election in an election cycle] as increased or decreased by 34 the cost of living adjustment described in paragraph c of this subdivi- 35 sion; but in no event shall any such maximum exceed fifty thousand 36 dollars or be less than one thousand dollars; provided however, that 37 the maximum amount which may be so contributed or accepted, in the 38 aggregate, from such candidate's child, parent, grandparent, [brother 39 and sister] sibling, and the spouse of any such persons, shall not 40 exceed in the case of any nomination for state senator or member of the 41 assembly an amount equivalent to the number of enrolled voters in the 42 candidate's party in the district in which [he or she] such person is a 43 candidate, excluding voters in inactive status, multiplied by $.25 and 44 in the case of any election for state senator or member of the assembly, 45 an amount equivalent to the number of registered voters in the district, 46 excluding voters in inactive status, multiplied by $.25; provided, 47 however, in the case of a nomination or election of a state senator, 48 twenty thousand dollars, whichever is greater, or in the case of a nomi- 49 nation or election of a member of the assembly twelve thousand five 50 hundred dollars, whichever is greater, but in no event shall any such 51 maximum exceed one hundred thousand dollars. 52 c. [In any election for a public office to be voted on by the voters 53 of the entire state, or for nomination to any such office, no contribu- 54 tor may make a contribution to any candidate or political committee in 55 connection with a candidate who is not a participating candidate as 56 defined in subdivision fourteen of section 14-200-a of this article, and 
 A. 3960 3 1 no such candidate or political committee may accept any contribution 2 from any contributor, which is in the aggregate amount greater than 3 eighteen thousand dollars, divided equally among the primary and general 4 election in an election cycle; provided however, that the maximum amount 5 which may be so contributed or accepted, in the aggregate, from any 6 candidate's child, parent, grandparent, brother and sister, and the 7 spouse of any such persons, shall not exceed in the case of any nomi- 8 nation to public office an amount equivalent to the product of the 9 number of enrolled voters in the candidate's party in the state, exclud- 10 ing voters in inactive status, multiplied by $.025, and in the case of 11 any election for a public office, an amount equivalent to the product of 12 the number of registered voters in the state, excluding voters in inac- 13 tive status, multiplied by $.025. 14 d. In any nomination or election of a candidate who is not a partic- 15 ipating candidate for state senator, ten thousand dollars, divided 16 equally among the primary and general election in an election cycle; in 17 the case of a nomination or election for member of the assembly, six 18 thousand dollars, divided equally among the primary and general election 19 in an election cycle. 20 e.] In any other election for party position or for election to a 21 public office or for nomination for any such office, no contributor may 22 make a contribution to any candidate or political committee and no 23 candidate or political committee may accept any contribution from any 24 contributor, which is in the aggregate amount greater than: (i) in the 25 case of any election for party position, or for nomination to public 26 office, the product of the total number of enrolled voters in the candi- 27 date's party in the district in which [he or she] such person is a 28 candidate, excluding voters in inactive status, multiplied by $.05, and 29 (ii) in the case of any election for a public office, the product of the 30 total number of registered voters in the district, excluding voters in 31 inactive status, multiplied by $.05, however in the case of a nomination 32 within the city of New York for the office of mayor, public advocate or 33 comptroller, such amount shall be not less than four thousand dollars 34 nor more than twelve thousand dollars as increased or decreased by the 35 cost of living adjustment described in paragraph f of this subdivision; 36 in the case of an election within the city of New York for the office of 37 mayor, public advocate or comptroller, twenty-five thousand dollars as 38 increased or decreased by the cost of living adjustment described in 39 paragraph f of this subdivision but in no event shall any such maximum 40 exceed fifty thousand dollars or be less than one thousand dollars; 41 provided however, that the maximum amount which may be so contributed or 42 accepted, in the aggregate, from any candidate's child, parent, grand- 43 parent, [brother and sister] sibling, and the spouse of any such 44 persons, shall not exceed in the case of any election for party position 45 or nomination for public office an amount equivalent to the number of 46 enrolled voters in the candidate's party in the district in which [he or 47 she] such person is a candidate, excluding voters in inactive status, 48 multiplied by $.25 and in the case of any election to public office, an 49 amount equivalent to the number of registered voters in the district, 50 excluding voters in inactive status, multiplied by $.25; or twelve 51 hundred fifty dollars, whichever is greater, but in no event shall any 52 such maximum exceed one hundred thousand dollars. 53 [f. (1)] d. At the beginning of each fourth calendar year, commencing 54 in nineteen hundred ninety-five, the state board shall determine the 55 percentage of the difference between the most recent available monthly 56 consumer price index for all urban consumers published by the United 
 A. 3960 4 1 States bureau of labor statistics and such consumer price index 2 published for the same month four years previously. The amount of each 3 contribution limit fixed in this subdivision shall be adjusted by the 4 amount of such percentage difference to the closest one hundred dollars 5 by the state board which, not later than the first day of February in 6 each such year, shall issue a regulation publishing the amount of each 7 such contribution limit. Each contribution limit as so adjusted shall be 8 the contribution limit in effect for any election held before the next 9 such adjustment. 10 [(2) Provided, however, that such adjustments shall not occur for 11 candidates seeking statewide office, or the position of state senator or 12 member of the assembly, whether such candidate does or does not partic- 13 ipate in the public finance program established pursuant to title two of 14 this article. 15 g. Notwithstanding any other contribution limit in this section, 16 participating candidates as defined in subdivision fourteen of section 17 14-200-a of this article may contribute, out of their own money, three 18 times the applicable contribution limit to their own authorized commit- 19 tee.] 20 § 4. Section 92-t of the state finance law is REPEALED. 21 § 5. Subdivision 5 of section 95 of the state finance law is REPEALED. 22 § 6. Section 630-h of the tax law is REPEALED. 23 § 7. Paragraph (a) of subdivision 9-A of section 3-102 of the election 24 law, as amended by section 8 of part ZZZ of chapter 58 of the laws of 25 2020, is amended to read as follows: 26 (a) develop an electronic reporting system to process the statements 27 of campaign receipts, contributions, transfers and expenditures required 28 to be filed with any board of elections pursuant to the provisions of 29 sections 14-102[,] and 14-104 [and 14-201] of this chapter; 30 § 8. This act shall take effect immediately.