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S7175-A
SMITH No Same asElection LawTITLE....Relates to clean election campaign financing in this state; establishes the New York stateclean election campaign finance fund03/17/08REFERRED TO ELECTIONS04/16/08AMEND AND RECOMMIT TO ELECTIONS04/16/08PRINT NUMBER 7175A
BILL TEXT:
 
STATE OF NEW YORK 
________________________________________________________________________ 7175--A 
IN SENATE
 March 17, 2008___________ Introduced by Sens. SMITH, ADAMS, AUBERTINE, BRESLIN, CONNOR, DIAZ,HUNTLEY, KLEIN, KRUEGER, MONTGOMERY, ONORATO, OPPENHEIMER, PERKINS,SABINI, SAMPSON, SAVINO, SCHNEIDERMAN, SERRANO -- read twice andordered printed, and when printed to be committed to the Committee onElections -- committee discharged, bill amended, ordered reprinted asamended and recommitted to said committee AN ACT to amend the election law and the tax law, in relation to enact-ing the "New York state clean election campaign finance act" 
The People of the State of New York, represented in Senate and Assem-
 
 bly, do enact as follows:
 1 Section 1. Legislative findings and declarations. The legislature2 finds and declares that the current system of privately financed3 campaigns diminishes the meaning of the right to vote by allowing large4 contributions to have a deleterious influence on the political process.5 As the United States Supreme Court found in
Buckley v. Valeo
, states6 have a compelling interest "to reduce the deleterious effect of large7 contributions on our political process." The current system also8 violates the rights of all citizens to equal and meaningful partic-9 ipation in the democratic or political process. It diminishes the free-10 speech rights of non-wealthy voters and candidates whose voices are11 muffled by those who can afford to monopolize political communications.12 Additionally, the current system fuels the public perception of13 conflicts of interest and the domination of special money interests.14 Such perception undermines the electorate's confidence in the democratic15 process. It also makes it very difficult for qualified candidates with-16 out access to large contributors or personal fortunes to mount compet-17 itive campaigns. Because it places challengers at a distinct disadvan-18 tage, the system inhibits the free exchange of ideas and communication19 with the electorate.20 The legislature finds and declares that providing a voluntary clean
 
21 elections campaign finance system would enhance democracy. It would help22 eliminate the deleterious influence of large contributions on the poli-23 tical process, remove access to wealth as a major determinant of a citi-24 zen's influence within the political process, and restore the meaning of EXPLANATION--Matter in
italics
(underscored) is new; matter in brackets[
 
] is old law to be omitted.LBD15741-02-8S. 7175--A 2 1 the principle of "one person, one vote." It would also help restore the2 rights of all citizens to equal and meaningful participation in the3 democratic process. Instituting a public financing program would restore4 the free-speech rights of non-wealthy candidates and voters by providing5 candidates with resources with which to communicate ideas with the elec-6 torate. Such a system would thus help enhance the First Amendment rights7 of the electorate and candidates to be heard in the political process.8 It would help restore the core First Amendment value of open and robust9 debate in the political process. It would also diminish the electorate's10 perception of domination by special interests and strengthen the11 public's confidence in the democratic process and institutions. By12 providing for public financing, this act also addresses the genuine13 concern about the amount of time and effort that a candidate must devote14 to raising campaign funds.15 § 2. Short title. This act shall be known and may be cited as the "New16 York state clean election campaign finance act".17 § 3. The election law is amended by adding a new article 14-A to read18 as follows:19
 ARTICLE 14-A 
20
CLEAN ELECTION CAMPAIGN FINANCE ACT
21
Section 14-150. Definitions.
22
14-152. Eligibility and other requirements.
23
14-154. Qualified campaign expenditures.
24
14-156. Campaign contributions.
25
14-158. Optional clean election campaign financing.
26
14-160. Grant amounts for primary and general election
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campaigns.
28
14-162. Optional public funding for party committees.
29
14-164. Office holders accounts.
30
14-166. Power of the board of elections.
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14-168. New York state clean election campaign finance fund.
32
14-170. Disbursal of revenue for clean election campaign financ-
33
ing.
34
14-172. Examinations and audits; repayments.
35
14-174. Penalties.
36
14-176. Campaigns for office not subject to this article.
37
14-178. Reports.
38
§ 14-150. Definitions. For purposes of this article, the following
39
terms shall have the following meanings:
40
1. "Authorized committee" shall mean a political committee that has
41
 been authorized by one or more candidates to aid or take part in the
42
elections of such candidate or candidates and that has filed a statement
43
that such candidate or candidates have authorized such political commit-
44
tee pursuant to section 14-112 of this chapter.
45
2. "Board" shall mean the New York state campaign finance board estab-
46
lished in section 3-101 of this chapter.
47
3. "Contribution" shall mean: (a) any gift, subscription, advance, or
48
deposit of money or any thing of value, made in connection with the
49
nomination for election, or election, of any candidate; (b) any funds
 
50
received by a political committee from another political committee; and 
51
(c) any payment, by any person other than a candidate or his or her
52
 principal committee, made in connection with the nomination for
53
election, or election, of any candidate, including but not limited to
54
compensation for the personal services of any individual that are
55
rendered in connection with a candidate's election or nomination without
56
charge; provided, however, that none of the foregoing shall be deemed a
S. 7175--A 3 1
contribution if it is made, taken or performed by a person or a poli-
2
tical committee independent of the candidate or his or her agents or
3
 principal committee pursuant to section 14-112 of this chapter. For
4
 purposes of this subdivision, the term "independent of the candidate or
5
his or her agents or principal committee pursuant to section 14-112 of
6
this chapter" shall mean that the candidate or his or her agents or
7
 principal committee did not authorize, request, suggest, foster or coop-
8
erate in any such activity; and provided further, that the term 
9
"contribution" shall not include:
10
(i) the value of services provided without compensation by individuals
11
who volunteer a portion or all of their time on behalf of a candidate or
12
 political committee;
13
(ii) the use of real or personal property and the cost of invitations,
14
food and beverages voluntarily provided by an individual to a candidate
15
or political committee on the individual's residential premises for
16
candidate-related activities to the extent such services do not exceed 
17
five hundred dollars in value;
18
(iii) the travel expenses of any individual who on his or her own
19
 behalf volunteers his or her personal services to any candidate or poli-
20
tical committee to the extent such expenses are not reimbursed and do
21
not exceed five hundred dollars in value;
22
(iv) expenditures by a bona fide membership organization in support of
23
the following activities by members of the organization who are volun-
24
teering their time on behalf of a candidate, not to exceed fifteen
25
dollars per member who volunteers, for: transportation of volunteers to
26
campaign activities; cost of feeding volunteers while volunteering for
27
the campaign; and materials such as badges and clothing that identifies
28
the name of the organization and/or candidate; and 
29
(v) party expenditures by a party committee to the extent that the
30
total of such party expenditures under paragraphs (a) and (b) of subdi-
31
 vision eight of this section do not exceed the following amounts: one
32
 million dollars for a candidate for governor in a general election; one
33
hundred thousand dollars for a candidate for comptroller or attorney
34
general in a general election; forty thousand dollars for a candidate
35
for state senate in a general or special election and twenty thousand 
36
dollars for a candidate for assembly in a general or special election.
37
4. "Covered election" shall mean any primary election for nomination
38
as a party candidate, general election or special election for election,
39
to the office of governor, lieutenant governor, attorney general, comp-
40
troller, senator or member of assembly.
41
5. "General election campaign period" shall mean the period beginning
42
the day after the primary and ending thirty days after the general
43
election.
44
6. "Independent expenditure" shall mean an expenditure by any person,
45
 political party or other entity other than a candidate's principal
46
committee that is made for a communication that expressly advocates the
47
election or defeat of a clearly identified candidate in a covered 
48
election that is made without participation, cooperation or coordination
49
or consultation with any candidate, candidate's committee or persons
50
working on behalf of a candidate or any communication that names or
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