06.13.2013
Presentation of a bill likely reflects positions the proponent sees as good public policy, attainable, and/or, at least, negotiable. When New York Governor Cuomo’s proposed “Campaign Finance Reform Act of 2013” is compared with current New York City campaign finance law, we find an interesting mix of imitations and deviations. Here are several highlights.| Topic | Issue | Governor's Bill | New York City Law |
| Contribution Limits | Publicly Funded Candidates (primary and general election combined) |
Statewide - $12,000 (primary and
general)
Legislature - $4,000 or $8,000 (primary and general) |
City-wide - $4,950
City Council - $2,750 |
| Higher receipt limits for Non-Publicly Funded Candidates | Yes | No | |
| Higher contribution limits for Candidate's relatives | Yes | No | |
| Corporations | $1,000 annual aggregate limit | Prohibited to covered candidates | |
| Limited Liability Companies | $1,000 annual aggregate limit | Prohibited to covered candidates | |
| Labor Organizations and Labor PACs | Treated like individual contributors | May be treated as affiliated under a single contribution limit if they meet do not meet separate governance and account standards | |
| Reduced contribution limits if doing business with government or a lobbyist | No | Yes | |
| Political Party | May transfer $5,000 to candidate; also permits unlimited expenditures, including in coordination with candidate | Subject to regular contribution limit which also caps coordinated expenditures | |
| Spending Limits | No | Yes | |
| Independent Expenditures | Contains Magic Words (e.g., "vote for", "vote against") | Yes | Yes |
| Can have no reasonable meaning other than to advocate election or defeat | n/a | Yes | |
| Between 1 year and 60 days before general election (or 30 days before primary), could only be interpreted by a reasonable person as advocating for the election or defeat of the candidate based upon unequivocal, unambiguous terms of support or opposition | Yes | n/a | |
| Refers to a clearly identified candidate within 60 days or general election or 30 days of primary | Yes | Yes | |
| By telephone | Not specified | Yes, for communications with magic words or no other reasonable meaning | |
| Advance registration as political committee required | Yes | No | |
| Permissible Uses of Campaign Funds | Payment of fines | No, if under State campaign finance law, criminal conviction, or imposed by J-COPE | Yes, if non-criminal and arising out of political campaign |
| Public Disclosure - for State elections (Bill) or NYC elections (NYC law) | Reporting of all contributions and loans > $1,000 within 48 hours | Yes | No |
| Intermediary | Yes, defined as "delivery" | Yes, defined as delivery or solicitation | |
| Threshold for disclosing contributor's or intermediary's occupation and business address | Contribution of $500 or more | Contributions of $100 or more | |
| Name of contributor's and intermediary's employer disclosed | Not specified | Yes | |
| Public Financing | May opt-in for public funding in primary but not general election, and vice versa? | Unclear | No |
| May receive public funds pre-primary even if unopposed in primary? | Yes, half maximum payment allowed if there's a primary in a major party for office sought | No | |
| May receive maximum public funds for each primary in which candidate is on the ballot (i.e., Wilson-Pakula authorization)? | Not precluded | Specifically precluded | |
| Provisions to reduce public funds payments in non-competitive elections | No | Yes | |
| Permissible Uses of Public Funds | Pay business entity in which candidate has an interest | Not prohibited | Prohibited |
| Pay penalty or fine | Not prohibited | Prohibited | |
| Payment to defend ballot petitions | Not prohibited | Prohibited | |
| Public Financing Administration and Enforcement | Non-Partisan | No, State Board of Elections Enforcement Unit | Yes, NYC Campaign Finance Board |
| Bi-Partisan | Yes | No | |
| Deadline for completing post-election audit | 2 years | Variable and subject to indefinite postponement |
Tags: New York City • New York State