NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7987
SPONSOR: Brodsky TITLE OF BILL: An act to amend the election law, in relation to
campaign finance reform; and to repeal section 2-126 of the election law
relating thereto
PURPOSE OR GENERAL IDEA OF BILL: This legislation would protect the
free, open and direct electoral process, while preserving constitutional
freedoms.
SUMMARY OF PROVISIONS: REPEALS § 2-126 of the election law and
replaces it with a new section that:
*Restricts contributions made to a political committee for the purposes
of a primary election.
* Restricts political committees from expending money for candidates to
be used for a primary election.
PURPOSE AND JUSTIFICATION: New York has barred party committees from
interfering and dominating primary elections, specifically with respect
to expenditures for such use for over a century. Last year in separate
litigation in state court and federal court those laws were found to be
too broadly drawn to pass constitutional scrutiny. As a result, it is
now legal for state, county or local political party committees to spend
money on behalf of its chosen candidate in a primary. This legislation
would redraw the statutory language to meet constitutional objections
and restore the ability of voters to choose primary candidates without
interference from political committees.
The State must find a constitutional way to restore New York's tradi-
tional legal structure which protected voters and gave us truly open
primaries. This legislation meets those goals.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK
________________________________________________________________________
7987
2007-2008 Regular Sessions
IN ASSEMBLY
May 2, 2007
___________
Introduced by M. of A. BRODSKY -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to campaign finance
reform; and to repeal section 2-126 of the election law relating ther-
eto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. 1. The legislature hereby finds that
2 the state has a long tradition of free, open and direct primaries where
3 rank and file members of political parties have the power to decide who
4 they want to represent their party in elections to public office. Ballot
5 access is open to all party members, and is not influenced or controlled
6 by party committees. The establishment of direct primaries a century ago
7 was a bedrock reform of the state political system.
8 2. The legislature further finds that, in response to federal and
9 state litigation invalidating these laws, that open and direct primary
10 elections are a significant element of a free society and must be
11 strengthened and protected in the laws of the state.
12 3. The legislature further finds that the state also has a tradition
13 of the existence and vibrancy of small minor parties. These important
14 parties offer opportunities for additional citizen participation in the
15 democratic process, but are endangered by interference in their candi-
16 date selection.
17 4. The legislature further finds that in an era where mass communi-
18 cations have driven the costs of campaign contributions and expenditures
19 through the roof, there are many dangers to the goal of the state's open
20 electoral process where rank and file party members maintain their voice
21 and power within the process. Chief among these is the ability of poli-
22 tical party committees, because of their fundraising advantages, to
23 deprive citizens of free choice in the primary process.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11833-01-7
A. 7987 2
1 5. Consequently, the legislature declares that, in order to protect
2 the free open and direct electoral process, it is the policy of the
3 state that the process be vigorously and vigilantly protected, while
4 preserving constitutional freedoms.
5 § 2. Section 2-126 of the election law is REPEALED and a new section
6 2-126 is added to read as follows:
7 § 2-126. Party funds; restrictions on certain contributions and
8 expenditures. No contributions of money, or the equivalent thereof,
9 shall be made directly or indirectly to any party committee for the
10 purposes of primary election expenditures. Party committees shall not
11 make any expenditures of money, including but not limited to any moneys
12 in the treasury of any party committee, or the equivalent thereof,
13 directly or indirectly to any candidate within its party to any candi-
14 date during a primary. No expenditures shall be made by any party
15 committee that are directed at, and intended to influence another
16 party's primary. Nothing in this section forbids the expenditures by
17 party committees on behalf of a candidate for the general election.
18 § 3. Severability. If any provision of this act or its application to
19 any person or circumstance is held invalid, this invalidity does not
20 affect other provisions or applications of this act that can be given
21 effect without the invalid provision or application, and to this end the
22 provisions of this act are declared to be severable.
23 § 4. This act shall take effect immediately.
