| What is a contributor?
A contributor may be an individual, a corporation, another
candidate's political committee, an unincorporated union or trade
organization, a PAC or any other entity such as a League or association,
etc.
A limited liability company is treated as an individual. Sole
proprietors' contributions are from the owner and must be listed as
such. Partnership contributions are contributions from the partners
individually, but they are not listed individually until the partnership
contribution exceeds $2500. Then complete Schedule O. With no other
information available, checks drawn on a joint account are assumed given
by the signatory.
The funds of a candidate and the spouse of the candidate spent on the
campaign are not contributions and are not limited. They must be
reported, however.
The New York State Election Law places aggregate calendar year limits
on the amount of political contributions that can be made by individuals
and corporations to
New York State candidates and committees, as follows:
- An individual may contribute up to a total of $150,000.00 in a
calendar year.
- A corporation may contribute up to a total of $5,000.00 in a
calendar year.
- Each affiliated or subsidiary corporation, if a separate legal
entity, has its own limit.
No other type of contributor has an aggregate calendar year limit on
its contributions.
Notwithstanding the above, no individual, corporation, or other
contributor may give more to a candidate or a candidate's authorized
political committee(s) than an amount determined under the law for
the office sought by the candidate. This is called the election limit.
This amount is the maximum that the candidate may receive from any one
contributor during the campaign cycle for the particular election.
For some offices, the law requires a formula be used to determine the
limit. In those cases, you should contact the board of elections where
the candidate files their reports to find out the limits.
Each Primary, General or Special election campaign has its own
limit. Therefore, contributors may give up to the limit for each
election in which the candidate participates. Candidates and committee
treasurers must ensure that the election limits are not exceeded and
that those funds are spent only for the election to which they pertain
unless they were surplus funds left over from a prior election.
The election limit for family members is an aggregate limit from all
the candidate's family (defined as a child, parent, grandparent, brother
and sister and the spouse's of those persons).
The following chart on this page and page 14 sets forth the maximum
election limits that may be received by a candidate for a particular
office. Column A represents the amount that can be received from any
non-family contributor and Column B represents the amount that can be
received from the family.
| |
|
Column A |
Column B |
| Office |
Election |
Non-Family Limit |
Family Limit |
| Statewide |
Primary |
Total number of
enrolled voters in the candidate's party in the state x $0.005.* |
Total number of
enrolled voters in the candidate's party in the state x $0.025. |
| General |
Any amount up to
$30,700 |
Total number of
registered voters in the state x $0.025. |
| NYS Senate |
Primary |
$4,900 |
$0.25 x enrolled voters
in candidate's district and party but at least $20,000, and no
more than $100,000. |
| General |
$7,700 |
$0.25 x registered voters
in district but at least $20,000, and no more than $100,000. |
| NYS
Assembly |
Primary |
$3,100 |
$0.25 x enrolled voters
in candidate's district & party but at least $12,500, and no
more than $100,000. |
| General |
$3,100 |
$0.25 x registered
voters in district but at least $12,500, and no more than
$100,000. |
| NYC Offices
of Mayor, Public Advocate, and Comptroller |
Primary |
Total number of
enrolled voters in candidate's party in the city x $0.05* |
$0.25 x enrolled voters
in candidate's party in the city but at least $1,250, and no
more than $100,000. |
| General |
Any amount up to
$30,700. |
$0.25 x registered
voter in the city but at least $1,250, and no more than
$100,000. |
* The formula amount up to $14,700, but at least $4,900.
NOTE: Candidates opting into the NYC Public Financing program should
check with the New York City
Campaign Finance Board for further limitations.
| |
|
Column A |
Column B |
| Office |
Election |
Non-Family Limit |
Family Limit |
| Other
Public Offices |
Primary |
$0.05 x enrolled voters
in candidate's party & district but at least $1,000, with a
maximum of $50,000. |
$0.25 x enrolled voters
in candidate's party & district but at least $1,250, and no
more than $100,000. |
| General |
$0.05 x registered
voters in candidate's district but at least $1,000, with a
maximum of $50,000. |
$0.25 x registered
voter in candidate's district but at least $1,250, and no more
than $100,000. |
The general election limit applies to Special elections as well.
Please remember that these limits are for the entire election cycle.
Generally, the Election Cycle is either two or four years. Where the
limit exceeds $5,000.00, a corporation is still restricted to its limit
of $5,000.00 in a calendar year. But, it may give during each year of
the election up to the lesser of its or the candidate's limit.
The person making a contribution, as well as the person receiving it,
are responsible to ensure that the limits are not exceeded.
- The contribution limit for family members is an aggregate limit
from all the candidate's family members (defined as a child, parent,
grandparent, brother and sister and the spouse's of those persons.)
- Ballot Issues - There are no limits on contributions for ballot
issues.
- Party or constituted committees - these committees may receive no
more than $76,500 from any individual contributor in a calendar year
and up to $5,000 from a corporation.
- Housekeeping - there are no limits on contributions to a Party or
Constituted committee for Housekeeping expenses.
Unless otherwise designated in writing, a contribution is deemed
attributable to the very next election in which the candidate
participates. Contributions allocated to prior campaigns (to pay
outstanding debts) must remain within the limits applicable to that
election.
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