2006 New York Code - 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.
    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.
    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.

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