N.Y.
Election Law Section 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 Legislative Law § 1-C (Definitions)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 § 14-107 (Independent expenditure reporting)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 § 1-104 (Definitions)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.
Source:
Section 14-114 — Contribution and receipt limitations, https://www.nysenate.gov/legislation/laws/ELN/14-114 (updated Mar. 31, 2023; accessed Oct. 26, 2024).
