Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
McDonald

McDonald

Ratings: (0)|Views: 1,437 |Likes:
Published by Chris Bragg

More info:

Published by: Chris Bragg on May 03, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

05/03/2013

pdf

text

original

 
SUPREMECOURT
OF
THE
STATE
OF
NEWYORKCOUNTY
OF
NEW
YORK:
Part
5
GEORGE
MCDONALD
and
MCDONALD
2013,
Plaintiffs,
-against-
NEV/YORKCITY
CAMPAIGN
FINANCEBOARD
and
THE
CITY
OF
NEWYORK
ANSWERING AFFIDAVITS....REPLYINGAFFIDAVITS........EXHIBITS.,.AMICUS
BruEF....OTHER....,(MemosofLaw).........,,...
X
DECISION/ORDER
Index
No.:
10003812013
Seq.
No.:
001
Defendants
X
HON.
KATHRYN
E.
FREED:
RECITATION,
AS
REQUIRED
BY
CPLR
$2219(a),
OF THE PAPERS CONSIDERED
IN
THE REVIEW
OF
THIS MOTION.
PAPERS
NUMBERED
13
OTICE
OF
MOTION
AND AFFIDAVITS
ANNEXED...,...,.
ORDER
TO
SHOW CAUSE
AND AFFIDAVITS
ANNEXEDA-<
.,..,...6............
......7-36,.,...,.
........37
..........
......38-40......
UPON
THEFOREGOING CITED
PAPERS,
THISDECISION/ORDER
ON
THIS
MOTION
IS ASFOLLOWS:
Plaintiffs
seek
a
declaratory
judgment
and
move
for
a
preliminary injunction,
enjoining
defendants
from
enforcing
section$3-719(2Xb)
oftheAdministrative
Code
oftheCityofNew York,which
purportsto extend the
voluntary contribution
limits
and
restrictions
applicableto
candidates
who
haveelected
to
receive
public
matchingfundspursuant
to
the
New
York
City
Campaign
Finance
Act,
to
"non-participating"
candidates
who
are therefore,
ineligible
for
thosepublic
matchingfunds.
 
Defendantscross-move pursuant
to
$3211(a)(7)
of
the
Civil
Practice
Law
andRules, todismiss
the
Verified
Complaint
on
the
grounds
that
it
failsto
state
a
cause
of
action. Additionally,
the
Attorney
General
of the
State
ofNew
York
(hereinafter
"AG")
moves
for
leave
to
file
and
argue
a
briefinthe
capacity
of
"amicus
curiae"
in
opposition
to
plaintifß'
motion
and
in
support
of
defendants'
cross
motionto
dismiss.
Plaintiff
George
McDonald
is
a
candidate
for
the
office ofMayorin
the 2013 elections
for
the
City
of
New
York.
Plaintiff
McDonald
2013,is the
political
committee that
George
McDonald
has
authori
zed,toreceive
contributions
and
makeexpenditures
for him
in the aforementioned
2013
elections,
both
primary
andgeneral
("plaintiff').
Defendant
Cityof New
York
(
the
"City")
is
a
municipalcorporation
pursuant
to
the
lawsofthe
State
ofNew
York,
Defendant
New York City
Campaign Finance
Board
("CFB"),
is
theagency
of
the
City
that
administers
the
Campaign Finance
Act("CFA").
Oral
argument
in
the
within
matter
was heardbefore
this
Court
on
February
25,2013.
It
should
be
notedthatthe
AG's
motionto
proceed
in
the capacity
of
amicus curiaewasgrantedon
consent,
at
that
time.
It
should
also
be
notedthat
in rendering
the
instant
written
decision,
the
Courtfinds
it
both
instructive
and necessary
to
explorethe
legislativehistory
relevant
to this
case.
State
LegislativeHistory:
The
Legislature
enacted
the
first
iterationof what
is
now
Article
l4
of
the
New
York
State
Electionlaw,in
the
New
York
State
Campaigns,
Elections
and
Procedure
Law
of
1974.
That
law
set
forth
a
regulatory
scheme
forcampaignexpenditure
limits,
reporting requirements and restricted
contribution
limits
applicable
to allprimary,
generaland special
elections
for
state and
local
public
offices held
inthe
State
of New
York.
Additionally,
it
established
the
State
Board
of
Elections
2
 
(SBOE")to administer
and
enforce
these
laws.
Election
Law
$479
of
the Laws
of
I974,
specifically
addressed
contribution
limits.
This
sectionwas
subsequentlyrepealed
and
later
reenacted
in
theLaws
of
1976,
Chapter577.The
language
of
$479,
as
passed
in
1976,
is nowreflected
in
the
language
of
$14-114
of
the current
ElectionLaw,
although
it
has
undergonesubstantial
legislative
changes.
In
1992,
the
State
Legislature
passed
"TheElection Reform
Act
of
1992,"
which
amendedareas
of
the
Election Law
thatrelated
to
ballot
access,
the
political
calendar,
voter
registration,
contribution
limits
and
other election
issues.
Section$14-114wasalso
amended.
Theprevious
formulafor contributions
sometimes
allowed
for
large
contributions
for
both
State-wideelections
and also
for
New
York City, city-wideoffices.
The Legislature amended
section
$14-114,setting
a
ceiling
on
contribution
limits
to
$12,000.00inprimaries
and
$25,000.00
in
general
elections,
for
state-wide
offices,
and
also the
New
York City
positionsof Mayor,Comptroller
and
City
Council
President,
(nowPublic Advocate).
The current
section
$
14-
1
14
sets
contribution
and
receipt
limitations
on
candidates
for all
nominations
and
elections
forpublic
offices.
These
limitations varypursuantto
formulascalibrated
onthe basis
ofparty
enrollment inprimary
elections
and
on
voter
registrationfor
general
elections.
It
should
be
notedthat
no
special
ceilings
were
set
for
either
New
York
City
Council
or Borough
President
elections, other than thegeneralstate-wide
restrictions
of
$50,000.00
forpublic
offtces,or
a
lesser
amount
based
on thenumber
of
voters
for
said
election
multiplied
by
$.05.
Other
calculations
dependon
whether
the
contributor
is
a
close
relative
of
the
candidate.
Additionally,contributionlimitations,
both
maximums
and
minimums,
are
imposed
for
Stateand
local
elections,
including
State
Senate
and
State
Assembly,
Re-calculations
are
required
1

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->