NY Elec L § 14-114 (2021)
2021 New York Laws ELN - Election Article 14 - Campaign Receipts and Expenditures; Public Financing Title 1 - Campaign Receipts and Expenditures 14-114 - Contribution and Receipt Limitations.

§  14-114.  Contribution  and  receipt limitations. * 1. The following limitations apply to all contributions to candidates for election to any public office or for nomination for any such office, or for election  to any  party  positions,  and to all contributions to political committees working directly or indirectly with any candidate to aid or  participate in such candidate's nomination or election, other than any contributions to any party committee or constituted committee:   a. In any election for a public office to be voted on by the voters of the  entire  state, or for nomination to any such office, no contributor may make a contribution to any candidate or political committee, and  no candidate  or  political  committee may accept any contribution from any contributor, which is in the aggregate amount greater than: (i)  in  the case of any nomination to public office, the product of the total number of  enrolled  voters  in  the  candidate's party in the state, excluding voters in inactive status, multiplied by $.005, but such amount shall be not less than four  thousand  dollars  nor  more  than  twelve  thousand dollars  as  increased  or  decreased  by  the cost of living adjustment described in paragraph c of this subdivision, and (ii) in  the  case  of any  election  to  a  public  office,  twenty-five  thousand  dollars as increased or decreased by the cost of  living  adjustment  described  in paragraph  c  of  this  subdivision;  provided however, that the maximum amount which may be so contributed or accepted, in the  aggregate,  from any  candidate's child, parent, grandparent, brother and sister, and the spouse of any such  persons,  shall  not  exceed  in  the  case  of  any nomination  to  public office an amount equivalent to the product of the number of enrolled  voters  in  the  candidate's  party  in  the  state, excluding  voters  in  inactive  status, multiplied by $.025, and in the case of any election for a public office, an amount  equivalent  to  the product of the number of registered voters in the state excluding voters in inactive status, multiplied by $.025.   b.  In  any  other  election  for  party position or for election to a public office or for nomination for any such office, no contributor  may make  a  contribution  to  any  candidate  or political committee and no candidate or political committee may accept any  contribution  from  any contributor,  which  is in the aggregate amount greater than: (i) in the case of any election for party position, or  for  nomination  to  public office,  the  product  of  the  total  number  of enrolled voters in the candidate's party in the district in which he is a candidate,  excluding voters  in  inactive status, multiplied by $.05, and (ii) in the case of any election for a public office, the product of  the  total  number  of registered  voters in the district, excluding voters in inactive status, multiplied by $.05, however in the case of a nomination within the  city of  New  York  for  the office of mayor, public advocate or comptroller, such amount shall be not less than four thousand dollars nor  more  than twelve  thousand dollars as increased or decreased by the cost of living adjustment described in paragraph c of this subdivision; in the case  of an  election within the city of New York for the office of mayor, public advocate or comptroller, twenty-five thousand dollars  as  increased  or decreased  by  the cost of living adjustment described in paragraph c of this subdivision; in the case of a nomination for  state  senator,  four thousand  dollars  as  increased  or  decreased  by  the  cost of living adjustment described in paragraph c of this subdivision; in the case  of an election for state senator, six thousand two hundred fifty dollars as increased  or  decreased  by  the cost of living adjustment described in paragraph c  of  this  subdivision;  in  the  case  of  an  election  or nomination  for a member of the assembly, twenty-five hundred dollars as increased or decreased by the cost of  living  adjustment  described  in paragraph  c of this subdivision; but in no event shall any such maximum  exceed fifty thousand dollars or be  less  than  one  thousand  dollars; provided however, that the maximum amount which may be so contributed or accepted,   in  the  aggregate,  from  any  candidate's  child,  parent, grandparent,  brother  and  sister,  and the spouse of any such persons, shall not exceed in the case of  any  election  for  party  position  or nomination  for  public  office  an  amount  equivalent to the number of enrolled voters in the candidate's party in the district in which he  is a candidate, excluding voters in inactive status, multiplied by $.25 and in  the  case  of any election to public office, an amount equivalent to the number of registered voters in the  district,  excluding  voters  in inactive  status,  multiplied  by $.25; or twelve hundred fifty dollars, whichever is greater, or in the case of a nomination or  election  of  a state  senator, twenty thousand dollars, whichever is greater, or in the case of a nomination or election of a  member  of  the  assembly  twelve thousand  five  hundred  dollars,  whichever is greater, but in no event shall any such maximum exceed one hundred thousand dollars.   c. At the beginning  of  each  fourth  calendar  year,  commencing  in nineteen  hundred  ninety-five,  the  state  board  shall  determine the percentage of the difference between the most recent  available  monthly consumer  price  index  for  all urban consumers published by the United States  bureau  of  labor  statistics  and  such  consumer  price  index published  for  the same month four years previously. The amount of each contribution limit fixed in this subdivision shall be  adjusted  by  the amount  of such percentage difference to the closest one hundred dollars by the state board which, not later than the first day  of  February  in each  such  year, shall issue a regulation publishing the amount of each such contribution limit. Each contribution limit as so adjusted shall be the contribution limit in effect for any election held before  the  next such adjustment.   * NB Effective until November 9, 2022   * 1.   The   following  limitations  apply  to  all  contributions  to candidates for election to any public office or for nomination  for  any such  office,  or  for  election  to  any  party  positions,  and to all contributions to political committees  working  directly  or  indirectly with  any candidate to aid or participate in such candidate's nomination or election, other than any contributions  to  any  party  committee  or constituted committee:   a. In any election for a public office to be voted on by the voters of the  entire  state, or for nomination to any such office, no contributor may make  a  contribution  to  any  candidate  or  political  committee, participating  in  the state's public campaign financing system pursuant to title two  of  this  article  and  no  such  candidate  or  political committee  may accept any contribution from any contributor, which is in the aggregate amount greater  than  eighteen  thousand  dollars  divided equally  among  the  primary  and general election in an election cycle; provided however, that the maximum amount which may be so contributed or accepted,  in  the  aggregate,  from  any  candidate's  child,   parent, grandparent,  brother  and  sister,  and the spouse of any such persons, shall not exceed in the case of  any  nomination  to  public  office  an amount equivalent to the product of the number of enrolled voters in the candidate's  party  in  the  state, excluding voters in inactive status, multiplied by $.025, and in the  case  of  any  election  for  a  public office,  an amount equivalent to the product of the number of registered voters in the state excluding voters in inactive status,  multiplied  by $.025.   b.  In  any  other  election  for  party position or for election to a public office or for nomination for any such office, no contributor  may make   a   contribution   to   any   candidate  or  political  committee  participating in the state's public campaign financing  system  pursuant to  title  two  of  this  article  and  no  such  candidate or political committee may accept any contribution from any contributor, which is  in the  aggregate  amount  greater than election for party position, or for nomination to public office, the product of the total number of enrolled voters in the candidate's party  in  the  district  in  which  he  is  a candidate,  excluding voters in inactive status, multiplied by $.05, and (ii) in the case of any election for a public office, the product of the total number of registered voters in the district, excluding  voters  in inactive status, multiplied by $.05, however in the case of a nomination within  the city of New York for the office of mayor, public advocate or comptroller, such amount shall be not less than  four  thousand  dollars nor  more  than twelve thousand dollars as increased or decreased by the cost of living adjustment described in paragraph c of this  subdivision; in the case of an election within the city of New York for the office of mayor,  public  advocate or comptroller, twenty-five thousand dollars as increased or decreased by the cost of  living  adjustment  described  in paragraph c of this subdivision; in the case of a nomination or election for  state  senator,  ten  thousand  dollars,  divided equally among the primary and general election in an election cycle; in  the  case  of  an election  or  nomination  for  a  member  of  the assembly, six thousand dollars, divided equally among the primary and general  election  in  an election  cycle;  provided however, that the maximum amount which may be so contributed or accepted,  in  the  aggregate,  from  any  candidate's child,  parent,  grandparent,  brother and sister, and the spouse of any such persons, shall not exceed in the case of  any  election  for  party position  or  nomination  for  public office an amount equivalent to the number of enrolled voters in the candidate's party in  the  district  in which he is a candidate, excluding voters in inactive status, multiplied by  $.25  and  in  the  case of any election to public office, an amount equivalent to the number of registered voters in the district, excluding voters in inactive status, multiplied by $.25; or twelve  hundred  fifty dollars,  whichever  is  greater,  or  in  the  case  of a nomination or election of a state  senator,  twenty  thousand  dollars,  whichever  is greater,  or  in the case of a nomination or election of a member of the assembly twelve thousand five hundred dollars, whichever is greater, but in no event shall any such maximum exceed one hundred thousand dollars.   c. In any election for a public office to be voted on by the voters of the entire state, or for nomination to any such office,  no  contributor may  make  a  contribution  to  any  candidate or political committee in connection with a candidate who is  not  a  participating  candidate  as defined in subdivision fourteen of section 14-200-a of this article, and no  such  candidate  or  political committee may accept any contribution from any contributor, which is in  the  aggregate  amount  greater  than eighteen thousand dollars, divided equally among the primary and general election in an election cycle; provided however, that the maximum amount which  may  be  so  contributed  or accepted, in the aggregate, from any candidate's child, parent, grandparent,  brother  and  sister,  and  the spouse  of  any  such  persons,  shall  not  exceed  in  the case of any nomination to public office an amount equivalent to the product  of  the number  of  enrolled  voters  in  the  candidate's  party  in the state, excluding voters in inactive status, multiplied by  $.025,  and  in  the case  of  any  election for a public office, an amount equivalent to the product of the number of  registered  voters  in  the  state,  excluding voters in inactive status, multiplied by $.025.   d.  In  any  nomination  or  election  of  a  candidate  who  is not a participating candidate for state senator, ten thousand dollars, divided equally among the primary and general election in an election cycle;  in  the  case of an election or nomination for a member of the assembly, six thousand dollars, divided equally among the primary and general election in an election cycle.   e.(1)  At  the  beginning  of each fourth calendar year, commencing in nineteen hundred  ninety-five,  the  state  board  shall  determine  the percentage  of  the difference between the most recent available monthly consumer price index for all urban consumers  published  by  the  United States  bureau  of  labor  statistics  and  such  consumer  price  index published for the same month four years previously. The amount  of  each contribution  limit  fixed  in this subdivision shall be adjusted by the amount of such percentage difference to the closest one hundred  dollars by  the  state  board which, not later than the first day of February in each such year, shall issue a regulation publishing the amount  of  each such contribution limit. Each contribution limit as so adjusted shall be the  contribution  limit in effect for any election held before the next such adjustment.  (2) Provided, however, that  such  adjustments  shall  not  occur  for candidates seeking statewide office, or the position of state senator or member  of  the  assembly,  whether  such  candidate  does  or  does not participate in the public finance program established pursuant to  title two of this article.   f.  Notwithstanding  any  other  contribution  limit  in this section, participating candidates as defined in subdivision fourteen  of  section 14-200-a  of  this article may contribute, out of their own money, three times  the  applicable  contribution  limit  to  their  own   authorized committee.   * NB Effective November 9, 2022   2.  For  purposes  of  this section, contributions other than of money shall be evaluated at their  fair  market  value.  The  state  board  of elections  shall  promulgate regulations, consistent with law, governing the manner of computing fair market value.   3. As used in this section the term "contributor" shall not include  a party  committee supporting the candidate of such party or a constituted committee supporting the candidate of such party.   4. For purposes of this section, a portion of every contribution to  a party  committee, expended as other than non-candidate expenditures, and a portion of every contribution to a political committee  authorized  to support  more  than  one candidate, shall be deemed contributed to every candidate supported by such committee. That portion shall be  determined by  allocating the contributions received by the committee among all the candidates supported by the committee in  accordance  with  any  formula based  upon  reasonable  standards  established  by  the  committee. The statements filed by such committee in accordance with this article shall set forth, in addition to the  other  information  required  to  be  set forth,  the total amount received by the committee from each contributor on  behalf  of  all  such  candidates  and  the  amount  of  each   such contribution   allocated   to   each  candidate  by  dollar  amount  and percentage.  Nothing  in  this  subdivision  shall  require   allocating contributions expended on non-candidate expenditures to candidates.   5.  No  constituted  committee  may expend, in any twelve month period terminating  on  the  day  of  a  general  election,   other   than   as non-candidate  expenditures,  any portion of any individual contribution which exceeds, in the case of a state committee, one-half  of  one  cent for  each  registered  voter  in the state, or, in the case of any other constituted committee, the greater of one cent for each registered voter in the district in which the committee  is  organized  or  five  hundred dollars. The number of such voters shall be determined as of the date of such  general  election  or  as  of  the date of the general election in  whichever of the preceding four  years  shall  result  in  the  greatest number.   6.  a. A loan made to a candidate or political committee, other than a constituted committee, by any person, firm, association  or  corporation other  than  in  the  regular  course  of the lender's business shall be deemed, to the extent not repaid by the date of the primary, general  or special  election,  as  the  case may be, a contribution by such person, firm, association or corporation.   b. A loan made to a candidate or political  committee,  other  than  a constituted  committee,  by any person, firm, association or corporation in the regular course of the lender's business shall be deemed,  to  the extent  not  repaid  by  the  date  of  the  primary, general or special election, as the case may be, a contribution by the obligor on the  loan and   by   any   other   person   endorsing,   cosigning,  guaranteeing, collateralizing or otherwise providing security for the loan.   c. Lobbyists, as defined by subdivision (a) of section  one-c  of  the legislative   law  or  by  subdivision  (a)  of  section  3-211  of  the administrative  code  of  the  city  of  New  York,   political   action committees,  labor  unions,  and  any person who has registered with the state  board  of  elections  as  an  independent  expenditure  committee pursuant  to  subdivision  three  of  section 14-107 of this article are prohibited from making loans  to  candidates  or  political  committees; provided, however, that a lobbyist shall not be prohibited from making a loan to himself or herself or to his or her own political committee when such lobbyist is a candidate for office.   7.  For  the  purposes  of  this  section, the number of registered or enrolled voters shall be determined as  of  the  date  of  the  general, special or primary election, as the case may be or as of the date of the general  election  in  any  of  the preceding four years, whichever date shall result in the greatest number and candidates running  jointly  for the  offices of governor and lieutenant governor in a general or special election shall be deemed to be one candidate.   8. Except as may otherwise be provided for a candidate and his family, no person may contribute, loan or guarantee in  excess  of  one  hundred fifty   thousand  dollars  within  the  state  in  connection  with  the nomination or election of persons to state and local public offices  and party  positions  within the state of New York in any one calendar year. For the purposes of this subdivision "loan" or "guarantee" shall mean  a loan or guarantee which is not repaid or discharged in the calendar year in which it is made.   10.  a.  No  contributor  may  make  a  contribution  to  a  party  or constituted committee and no such committee may  accept  a  contribution from  any contributor which, in the aggregate, is greater than sixty-two thousand five hundred dollars per annum.   b. At the beginning  of  each  fourth  calendar  year,  commencing  in nineteen  hundred  ninety-five,  the  state  board  shall  determine the percentage of the difference between the most recent  available  monthly consumer  price  index  for  all urban consumers published by the United States  bureau  of  labor  statistics  and  such  consumer  price  index published  for  the same month four years previously. The amount of such contribution limit fixed in paragraph a of  this  subdivision  shall  be adjusted  by the amount of such percentage difference to the closest one hundred dollars by the state board which, not later than the  first  day of  February  in each such year, shall issue a regulation publishing the amount of  such  contribution  limit.  Such  contribution  limit  as  so adjusted shall be the contribution limit in effect for any election held before the next such adjustment.    11.  A  board  of  elections,  as defined in subdivision twenty-six of section 1-104 of this  chapter,  shall  calculate  and  publish  on  its website,  on  or  before  the  fifteenth  day of April, all contribution limits established pursuant to this section for the county,  town,  city and village offices on the ballot in that year, and within the same time period provide such calculated contribution limits to the state board of elections in the format required by such board.