New York Governor Andrew Cuomo included several election law reforms in his budget and State of the State presentation yesterday. Ranging from closing the LLC loophole, permitting early voting and creating a commission to prepare for the 2017 constitutional convention ballot question, the proposals follow here:
Proposal: Close the LLC Loophole and Increase Campaign Disclosure
In order to preserve open, free, and fair elections that are not captured by wealthy public interests, State law limits the amounts that both corporations and individuals may donate directly to State candidates. However, because of a quirk in the way that present election law is interpreted, wealthy individuals and corporations are able to use Limited Liability Companies (“LLCs”) to avoid New York’s campaign donation limits.
This “LLC Loophole” in campaign finance law has allowed special interests to circumvent both contribution limits and disclosure requirements. The Governor proposes closing the LLC Loophole for all elected officials. It is our responsibility to even the playing field so that rich and poor New Yorkers alike have their voices heard in our political process.
Proposal: Limit Outside Income for Legislators
The Legislature’s part-time structure allows professionals from diverse industries and backgrounds to serve the public. This offers the distinct advantage of Legislators who are not career politicians but, instead, have a diverse set of interests and experiences. To strike the right balance, the Governor proposes that New York State adopt limits on outside income for Legislators akin to the limits our Federal Government places on Legislators’ outside income. The proposal will limit State Legislators’ outside income to 15 percent of their base salary.
Proposal: Adopt a Voluntary Public Campaign Financing System
Current election laws favor wealthy donors and special interests. Simply put, there is no incentive for candidates to rely on ordinary, everyday people for campaign donations. In the 2006 elections, for example, candidates in New York relied less on small donors ($1-$250) than in all but three other states nationwide.
The only comprehensive way to fix this problem and restore the voices of all New Yorkers is to adopt a voluntary public financing system for political campaigns that focuses on matching funds from small donors. To accomplish this goal, the Governor proposes a voluntary public campaign financing system.
Proposal: Enact Other Campaign Finance Reforms
Unlike Federal law, New York allows unlimited contributions to party “housekeeping” accounts by individuals and corporations. These accounts are supposed to be used for non-campaign party activities, but they serve as a backdoor for big money to influence political races. Our current system also allows intermediaries of campaign contributors, known as “bundlers,” to pass large groupings of individual contributions to campaigns and gain political influence without disclosing their identities. The Governor proposes to fix both issues by placing a $25,000 contribution limit on housekeeping accounts and requiring bundlers’ identities to be disclosed.
Proposal: Promote Transparency through New Reforms to FOIL
The New York Freedom of Information Law (FOIL) governs the public’s right to access government records and provides transparency for citizens into the workings of state government. The Governor proposes a comprehensive reform of FOIL to improve transparency and promote openness in state government. But transparency cannot just be limited to the Executive, and therefore the Governor proposes that FOIL apply equally to the Legislature. Additionally, the Governor proposes that both FOIL and the State’s open meetings law apply to both JCOPE as well as the Legislative Ethics Commission to further ensure transparency and accountability and enhance public confidence in our government.
Proposal: Require Legislators Convicted of Corruption to Forfeit Pensions
It is only fair to taxpayers that public servants who are convicted of corruption should not continue to collect a pension earned during public service. Legislators who violate their duty to the people of New York should not continue to be paid by the people of New York in any way. The Governor proposes the adoption of a joint resolution that will require pension forfeiture after a Legislator is convicted of a crime related to their public office, regardless of when that Legislator was elected to office.
Proposal: Increase JCOPE Transparency and Enforcement and Strengthen Ethical Requirements for Lobbyists
The JCOPE Review Commission issued a report in 2015 that detailed multiple changes to enable JCOPE to do its job better. In response, the Governor proposes a package of much-needed changes to JCOPE to increase transparency and enhance its enforcement powers. All public officers are required to file Financial Disclosure Statements (FDS), but good government groups and the public alike have called for strengthening these disclosure requirements. Governor Cuomo therefore proposes legislation that would authorize JCOPE staff to seek documents in support of statements made on the FDS, increase enforcement authority against public officers who fail to comply with JCOPE audits, and create District Attorney oversight over those who willfully submit deceptive financial information on the FDS.
This legislation would also eliminate the categories of value on the FDS to require public officers to report actual amounts. Finally, this legislation would impose financial penalties for all violations of the Public Officers Code of Conduct contained in Section 74 of the Public Officers Law, and would create “accessory liability” to allow JCOPE to fully prosecute persons who aid and abet violations of the Public Officers Law.
Proposal: Convene a Constitutional Commission
As Franklin Delano Roosevelt once said, “the ultimate rulers of our democracy are not a President or senators and congressmen and government officials, but the voters of this country.” The New York Constitution provides that, every 20 years, New Yorkers must vote by referendum on whether to hold a convention to amend the State Constitution.
The next referendum will take place in 2017, and the stakes could not be higher. From ethics enforcement to the basic rules governing day-to-day business in Albany, the process of government in New York State is broken. Governor Cuomo believes a Constitutional Convention offers voters the opportunity to achieve lasting reform in Albany. The Governor will invest $1 million to create an expert, non-partisan Commission to develop a blueprint for a Convention. The Commission will also be authorized to recommend fixes to the current convention delegate selection process,
which experts agree is flawed.
Proposal: Early Voting in 139 Locations
New York has 19.8 million residents. Only 11.7 million New Yorkers are registered to vote. In the last non-presidential election year, only 29 percent of registered voters participated – less than one in three. In the last presidential election, only 53.6 percent of registered voters participated.
New York ranked 44th in the nation for voter turnout in the 2012 presidential election. Research has shown that scheduling conflicts with work or school and being too busy are some of the main reasons voters cite for not participating. As Lyndon Johnson said, “The vote is the most powerful instrument ever devised by man for breaking down injustice.” Governor Cuomo is committed to making reforms that ensure fairness and increase participation in New York’s democratic system.
According to the Brennan Center, early voting leads to shorter lines on Election Day, early identification and correction of registration errors, and greater access to voting. Currently, New Yorkers can vote early via absentee ballot, but only if s/he meets certain qualifications such as being absent from his or her county on Election Day or being unable to get to the polls due to a disability. For many working New Yorkers, it can be difficult to get to the polls on Election Day. Thirty-seven states and the District of Columbia already allow voters to cast ballots in person, before
Election Day.
To increase voter participation, Governor Cuomo proposes legislation that will allow New Yorkers to vote early in all elections. This legislation will require every county to offer residents access to one early voting polling place that will allow residents to vote for 12 days leading up to Election Day. Voters will have at least eight hours on weekdays and five hours on weekends to cast early ballots. Counties must have one early voting polling site for every 50,000 residents and the bi-partisan county boards of elections will determine the specific location of early voting polling places, subject to standards of convenience and accessibility. Early voting will increase participation and make our elections more inclusive and democratic.
Proposal: Automatic Voter Registration
To increase voter participation, Governor Cuomo proposes legislation that will allow New Yorkers to vote early in all elections. Our voter registration system is outdated and makes it difficult for people to participate. Paper applications can introduce errors to the voter rolls, and inaccurate registrations sometimes lead to voters being turned away at the polls. Governor Cuomo is committed to modernizing the voter registration system. Voter registration should be a presumption, not a hurdle.
This year, the Governor will make New York the third state in the nation, and the first on the East Coast, to adopt automatic voter registration at the Department of Motor Vehicles (DMV). Citizens can already register to vote at the DMV, but the current process is unnecessarily onerous, requiring a potential voter to include additional voting information in their application for a DMV service. Under the new system, unless a DMV user opts out, the information used in any DMV application will be automatically sent to County Boards of Elections to register the applicant or update registration information. New Yorkers who do not wish to register to vote can simply check an "opt out" box. This change will help maintain accurate voter rolls and facilitate New Yorkers' participation in elections.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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