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1 Guide: New York State's New Small Donor Public Financing Program 1 (December 18, 2020)

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BRENNAN

CENTER

FOR JUSTICE





                  GUIDE: NEW  YORK  STATE'S NEW  SMALL  DONOR   PUBLIC FINANCING  PROGRAM
                                              December  18, 2020

       On  April 3, 2020, New York enacted a groundbreaking campaign finance reform: a voluntary program of
       small donor public financing for state elections. This program will provide a multiple match on small
       contributions from New York residents to candidates who opt in. Its innovative design gives candidates
       the chance to raise competitive amounts based on modest contributions from constituents. It is the
       most  powerful legislative response enacted anywhere in the country to the 2010 Supreme Court
       decision Citizens United, which supercharged big money in politics. The new public financing program
       will help more New Yorkers to be heard in the political process at a time when the need has never been
       greater. This overview explains how the program will work.*

                                                  The Basics

       Summary:  The new  public financing program will allow candidates for state legislature and statewide
       offices who opt in to receive a multiple match on small contributions they raise from constituents, if
       they first prove their eligibility and abide by the program's rules. The size of the match and maximum
       amount  of public matching funds a candidate can receive vary by office. If they reach their public
       financing maximum, candidates may continue to raise unmatched private contributions. The new law
       reduces contribution limits for all candidates, whether or not they participate in public financing. The
       new  Public Campaign Finance Board (PCFB) oversees the program.

       When   does the program start? Candidates may begin raising matchable contributions starting
       November   9, 2022 for the 2024 legislative and 2026 statewide elections. (Creation of rules, technology,
       and candidate-support services needs to start now, to enable a smooth start on the statutory
       timeframe.)

       Which  offices are eligible? Governor, Lieutenant Governor, Attorney General, Comptroller, Senate,
       Assembly.

       Which  contributions can be matched? Only contributions of $5-$250 by people who live in New York
       are matchable with public funds - and for legislative candidates, a matchable contribution must come
       from in-district. To be matched for use in a particular election, a contribution would need to be made in
       that same election cycle but not later than the relevant primary or general election day. For the 2024


       * The legislation creating the public financing program included restrictions on ballot access for parties and
         candidates. Those restrictions are not necessary for the public financing program to operate and are not
         summarized in this memo.


Brennan Center for Justice at New York University School of Law
      120 Broadway, Suite 1750 New York, NY 10271

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