Add Art 14-A SS14-150 - 14-178, S3-109, amd SS14-102, 14-108, 14-114 & 3-104, rpld & add S3-100, El L; add
S626-a, Tax L; amd S1-e, Leg L
Enacts a voluntary program for public financing of statewide elections, and elections for state senator, assembly person and district attorney; provides that each candidate who collects a specified amount of five dollar contributions and agrees to limit campaign spending receives a fixed amount of public financing; requires qualified candidate must agree to fixed number of debates; bans "soft money" political advertising; increases campaign contribution reporting; recreates state board of elections.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4116
SPONSOR: Ortiz (MS) TITLE OF BILL: An act to amend the election law, the tax law and the
legislative law, in relation to providing for a program for clean
election campaign financing and to repeal certain provisions of the
election law relating to the state board of elections
PURPOSE OR GENERAL IDEA OF BILL:
The bill establishes a system under which candidates for governor,
attorney general, comptroller, state senate, member of assembly or
district attorney, who collect a set amount of small dollar contrib-
utions, will receive a fixed and equal amount of public financing for
their political campaigns.
SUMMARY OF SPECIFIC PROVISIONS:
Adds a new article 14-A the Election Law, entitled "Clean Election
Campaign Financing. Under this system of campaign finance, a candidate
for nomination for election, or for election, to the offices of gover-
nor, attorney general, comptroller, state senate, member of assembly or
district attorney may voluntarily choose to participate and be certified
as a participating candidate after a qualifying process.
Candidates qualify for matching funds by collecting a set amount of $5
contributions from registered voters in the candidate's election
district. Candidates for statewide office must collect a set amount of
$5 contributions from voters in a majority of congressional districts.
In order to receive public funding for their political campaigns equal
to the spending limit in the campaign, candidates must (1) meet the
qualifying contributions threshold, (2) agree not to collect any other
campaign contributions and (3) abide by spending limits, and (4) agree
to participate in a set number of debates. Candidates may collect a
limited number of contributions of up to $100 for "seen money" expenses
related to exploring the possibility of running for office prior to and
during the qualifying period.
When a qualifying candidate is opposed by a non-participating candidate
who exceeds the spending limits, or is opposed by independent expendi-
tures that exceed the spending limit, additional public funds will be
provided to the qualifying candidate. Issue advocacy ads that are
designed to influence a campaign and are run within 60 days before an
election are considered independent expenditures.
The total amount of public funds available for candidates in a four-year
election cycle is limited to one-tenth of one percent of appropriations
made by law during that same period.
A "Clean Elections Campaign Finance Fund" is established by adding a new
Tax Law 626-a, which will consist of funds voluntarily contributed by
taxpayers, from an increase of the fees paid by registered lobbyists,
fines and penalties from violations of the election law, and by other
general state appropriations to the extent necessary.
The bill also requires more frequent reporting of campaign contributions
to the Board of Elections and requires reporting of the occupation and
employer of individual contributors. The bill repeals current Election
Law 3-100 and replaces it with a new 3-100, which establishes a State
board of elections with five members, appointed by the Governor, the
Temporary President of the Senate, the Minority Leader of the Senate,
the Speaker of the Assembly and the Minority Leader of the Assembly. In
addition to the responsibilities of the current state board of
elections, the newly created state board of elections shall be responsi-
ble for administering the voluntary system of public financing estab-
lished in Election Law Article 14-A.
JUSTIFICATION:
The issue of campaign financing has become increasingly important. The
current system of privately financed campaigns diminishes the meaning of
the right to vote by allowing large contributions to have a damaging
influence on the political process. As the U.S. Supreme Court found in
Buckley v. Valeo, states have a compelling interest "to reduce the dele-
terious effect of large contributions on our political process." The
current system also violates the rights of all citizens to equal and
meaningful participation in the democratic or political process. It
diminishes the free-speech rights of non-wealthy voters and candidates,
whose voices are muffled by those who can afford to monopolize political
communications. Additionally, the current system fuels the public
perception of conflicts of interest and the domination of special money
interests. That perception undermines the electorate's confidence in the
democratic process and gives rise to citizen apathy and cynicism. It
also tends to make it very difficult for qualified candidates without
access to large contributors or personal fortunes to mount competitive
campaigns. Because it places challengers at a distinct advantage, the
system inhibits the free exchange of ideas and communication with the
electorate.
Providing a voluntary Clean Money Clean Elections campaign finance
system would enhance democracy. It would help eliminate the deleterious
influence of large contributions on the political process, remove access
to wealth as a major determinant of a citizen's influence within the
political process, and restore the meaning of the principle of "one
person, one vote." It would also help restore the rights of all citizens
to equal and meaningful participation in the democratic process. Insti-
tuting a public financing program would restore the free-speech rights
of non-wealthy candidates and voters by providing candidates with
resources with which to communicate ideas with the electorate. Such a
system would thus help restore the First Amendment rights of the elec-
torate and candidates to be heard in the political process. It would
help restore the core First Amendment value of open and robust debate in
the political process.
Additionally, a Clean Money Clean Elections system would give regular
people an opportunity at winning office. It would also diminish the
electorate's perception of domination of special interests and strength-
en the public's confidence in the democratic process and institutions.
By providing for a Clean Money Clean Elections system, this act also
addresses the genuine concern about the amount of time and effort that a
candidate must devote to raising campaign funds. Clean Money Clean
Elections is a national movement aimed at ending the campaign finance
scandals that make dollars more important than votes.
PRIOR LEGISLATIVE HISTORY:
1997/98 - A.10798 (S.7437) - Referred to Election Law
1999/00 - A.8937 (S.6012) - Referred to Election Law
2001/02 - A.2630A (S.1638-A) - Held in Election Law
2004 - A3453A (S.3440A) - Held in Election Law
2005-06 - A5506 - Held in Election Law
2007/08 - A6406 - Referred to Election law
2009/10 - A6504 - Ref to Election law
2011/12 - A1267 - Held in Election Law
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall have become a law; provided
however that the amendments to subdivision (e) of section 1-e of the
legislative law made by section four of this act, shall not affect the
repeal of such section and shall be deemed repealed therewith.
