NY Election Law Suggested Changes

New York Assembly Speaker Sheldon Silver introduced legislation Thursday that would allow New Yorkers to vote up to two weeks before Election Day and force greater disclosure of the money behind political advertising.

The first bill, co-sponsored by Staten Island Assemblyman Mike Cusick, a Democrat who chairs the Election Law Committee, would require each county to have at least five sites for early voting and open them each of the 14 days leading up to the November election.

The hope is to boost voter turnout. Currently, New Yorkers can only vote in person from 6 a.m. to 9 p.m. on Election Day, or by filling out an absentee ballot if they have a reasonable belief they'll be unable to get the polls. Thirty-two other states, including Florida and Ohio, have some form of early voting.

The second measure would force disclosure of the funding sources behind political ads and vote-getting efforts not coordinated with a candidate. These so-called "independent expenditure" campaigns are a growing force in New York elections: The New York State United Teachers union spent over $4 million to boost mostly Democratic candidates in 2012, and two downstate Super PACs spent over $500,000 supporting Duanesburg Democrat Cecilia Tkaczyk's bid for state Senate.

Just before Election Day, the State Board of Elections ruled that this spending only needs to be disclosed if it contains "magic words" that clearly direct voters to support or oppose a candidate. This standard did prompt disclosure by NYSUT and the pro-Tkaczyk PACs, but it is looser than definitions governing federal campaigns and elections in New York City.

Silver's bill would set the definition for state races more broadly, so that any campaign that is the "functional equivalent" of direct advocacy is required to disclose its spending and major donors.

"People are taking notice how much is being spent on independent expenditures," Silver said. "People are thinking it's the way to impact elections and avoid caps on donations. With the money that's being spent, it's important for voters to know who's behind those campaign messages."










NYC Wins When Everyone Can Vote!

Michael H. Drucker
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NY Fair Elections Act

Assembly Speaker Sheldon Silver introduced legislation geared to bringing “fair elections” to New York State by reforming campaign finance laws.

The 2012 Fair Elections Act (A.9885/S.7036-a), sponsored by Silver, D-Manhattan, and Senate Minority Leader John Sampson, D-Brooklyn, creates an optional public financial system for primary, general and special election campaigns that covers all statewide offices, state legislative offices and constitutional convention delegates.

Under the bill, a candidate for state office who meets a set of necessary requirements will be allowed to receive matching contributions of $6 for every $1 he or she raises on contributions of less than $250. The legislation requires a candidate to have a minimum number of small-dollar donors, who must be from the candidate’s district, to ensure large-dollar donors do not have overwhelming influence. Public funding would be capped at a specific limit, depending on the office being pursued.

Silver said fair elections “go to the heart of our democracy and are essential to preserving good government.”

“In light of the devastating effects the Supreme Court’s Citizens United decision has had on federal elections, we in New York should be leading the way in reducing the influence of money in our own elections,” said Silver, in reference to the 2010 decision that gave the green light to unlimited union and corporate campaign spending. “Let us be the model for the rest of the nation in establishing and preserving fair elections.”

The legislation requires candidates who receive public funding and are running opposed to participate in a minimum of one debate before the primary election and one debate prior to the general election. The bill provides several mechanisms for funding, including an income tax check-off of $5 that would be deposited into the newly created “New York State Campaign Finance Fund” and an additional 10 percent surcharge on recoveries from fraudulent practices in stocks, bonds and other securities.

Karen Scharff, executive director of Citizen Action of New York, commended the speaker for his “longstanding commitment” to reforming the state’s elections system.

“There’s no question that CEO campaign contributors have had too much control over our elections for too long,” said Scharff. “With the introduction of this bill, one more piece is in place to ensure that fair elections become law in New York state.”

Susan Lerner, executive director of Common Cause New York, said voters are “cynical” about government because of the “corrupting influence of money in politics.”

“Average people can’t compete against high dollar donations and lose trust in a government determined by highest bidder,” said Lerner. “We need fair elections to restore our democracy and ensure the meaningful participation of all New Yorkers.”

Gov. Andrew Cuomo has noted campaign finance reform as among the few initiatives laid out in his 2012 State of the State Address that have yet to come to fruition.

“There remains a large gap that needs to be closed when it comes to campaign financing,” said Cuomo in a cabinet meeting last Thursday. “But it’s an election year, so this issue isn’t necessarily a priority for the Legislature right now.”

The bill was reported to the floor during an Assembly Election Law Committee meeting last Thursday, with the Democratic majority conference voting unanimously in favor of the legislation and the Republican minority conference voting unanimously against it.

We hope this gets to the floor for a vote before the end of this year's session.









NYC Wins When Everyone Can Vote!

Michael H. Drucker
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