N.Y. Election Law § 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,

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 nomination or election of a candidate participating in the

state's public campaign financing system pursuant to title two of this

article, no such candidate or political committee may accept any

contribution from any contributor, which is in the aggregate amount

greater than: (i) 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; and (ii) in the case of a

nomination or election for 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 such candidate's child,

parent, grandparent, brother and sister, and the spouse of any such

persons, shall not exceed in the case of any nomination for state

senator or member of the assembly an amount equivalent to the number of

enrolled voters in the candidate's party in the district in which he or

she is a candidate, excluding voters in inactive status, multiplied by

$.25 and in the case of any election for state senator or member of the

assembly, an amount equivalent to the number of registered voters in the

district, excluding voters in inactive status, multiplied by $.25;

provided, however, 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 a nomination or election for member of the assembly, six

thousand dollars, divided equally among the primary and general election

in an election cycle.

e. 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 or she 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 f 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 f 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 or

she 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, but in no event shall any such maximum

exceed one hundred thousand dollars.

f. (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.

g. 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.

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.