Topic |
Issue |
Governor’s Bill |
New York City Law |
Contribution Limits |
Publicly Funded Candidates (primary and general election combined) |
Statewide – $12,000 (primary and
general)
Legislature – $4,000 or $8,000 (primary and general)
|
City-wide – $4,950
City Council – $2,750
|
|
Higher receipt limits for Non-Publicly Funded Candidates |
Yes |
No |
|
Higher contribution limits for Candidate’s relatives |
Yes |
No |
|
Corporations |
$1,000 annual aggregate limit |
Prohibited to covered candidates |
|
Limited Liability Companies |
$1,000 annual aggregate limit |
Prohibited to covered candidates |
|
Labor Organizations and Labor PACs |
Treated like individual contributors |
May be treated as affiliated under a single contribution limit if they meet do not meet separate governance and account standards |
|
Reduced contribution limits if doing business with government or a lobbyist |
No |
Yes |
|
Political Party |
May transfer $5,000 to
candidate; also permits unlimited expenditures, including in coordination with candidate |
Subject to regular contribution limit which also caps coordinated expenditures |
Spending Limits |
|
No |
Yes |
Independent Expenditures |
Contains Magic Words (e.g., ”vote for”, “vote against”) |
Yes |
Yes |
|
Can have no reasonable meaning other than to advocate election or defeat |
n/a |
Yes |
|
Between 1 year and 60 days before general election (or 30 days before primary), could only be interpreted by a reasonable person as advocating for the election or defeat of the candidate based upon unequivocal, unambiguous terms of support or opposition |
Yes |
n/a |
|
Refers to a clearly identified candidate within 60 days or general election or 30 days of primary |
Yes |
Yes |
|
By telephone |
Not specified |
Yes, for communications with magic words or no other reasonable meaning |
|
Advance registration as
political committee required |
Yes |
No |
Permissible Uses of Campaign Funds |
Payment of fines |
No, if under State campaign finance law, criminal conviction, or imposed by J-COPE |
Yes, if non-criminal and arising out of political campaign |
Public Disclosure – for State elections (Bill) or NYC elections (NYC law) |
Reporting of all contributions
and loans > $1,000 within 48 hours |
Yes |
No |
|
Intermediary |
Yes, defined as “delivery” |
Yes, defined as delivery or solicitation |
|
Threshold for disclosing
contributor’s or intermediary’s occupation and business address |
Contribution of $500 or more |
Contributions of $100 or more |
|
Name of contributor’s and intermediary’s employer disclosed |
Not specified |
Yes |
Public Financing |
May opt-in for public funding in primary but not general election, and vice versa? |
Unclear |
No |
|
May receive public funds pre-primary even if unopposed in primary? |
Yes, half maximum payment allowed if there’s a primary in a major party for office sought |
No |
|
May receive maximum public funds for each primary in which candidate is on the ballot (i.e., Wilson-Pakula authorization)? |
Not precluded |
Specifically precluded |
|
Provisions to reduce public funds payments in non-competitive elections |
No |
Yes |
Permissible Uses of Public Funds |
Pay business entity in which candidate has an interest |
Not prohibited |
Prohibited |
|
Pay penalty or fine |
Not prohibited |
Prohibited |
|
Payment to defend ballot petitions |
Not prohibited |
Prohibited |
Public Financing Administration and Enforcement |
Non-Partisan |
No, State Board of Elections Enforcement Unit |
Yes, NYC Campaign Finance Board |
|
Bi-Partisan |
Yes |
No |
|
Deadline for completing
post-election audit |
2 years |
Variable and subject to indefinite postponement |