Letter to Governor to Veto Legislation that Damages The Public Campaign Finance Program

REPORT

The Honorable Kathy Hochul
Governor of New York State
Executive Chamber
New York State Capitol Building
Albany, NY 12224

RE: OPPOSITION TO A.7760/S.7564

Dear Governor Hochul:

We, the Election Law Committee of the New York City Bar Association, urge you to veto A.7760/S.7564, which would do great damage to the state’s groundbreaking Public Campaign Finance Program (PCFP).

As enacted, the PCFP is the nation’s strongest response to the outsized influence of wealth in politics and a model for other states to follow. Central to the program’s promise is its match on only small contributions of $250 or less from constituents, which responds to a status quo under which ultra-wealthy donors wield disproportionate influence in the political process.

A.7760/S.7564 upends this core feature. If enacted, the first $250 of even maximum contributions of $18,000 for statewide candidates, $10,000 for senate candidates, and $6,000 for assembly candidates could be matched with as much as $2,300 in public funds. This change would undermine candidates’ incentives to engage with small donor constituents, and instead reward courting the wealthiest donors who already have the greatest say.

State lawmakers have justified this change with flawed comparisons to New York City’s public financing program. It is true that the city’s program matches the first $175 or $250 of a larger contribution, depending on the office. But any candidate in that program must also adhere to substantially lower contribution limits than state candidates, in addition to being subject to spending limits, among other differences that render the comparison inapt.

Other features of the bill make it much harder for candidates without access to wealth and/or previous political support to participate. One amendment would substantially increase the fundraising thresholds that legislative candidates must meet to receive public funds. Another would reduce the public funds available for participating assembly candidates. Together with amplifying large-donor contributions, these changes tell New York voters that Albany is not interested in ensuring the success of the PCFP.

This was not what our state’s leaders promised when they enacted this law in 2020. The PCFP was the product of multiple commissions, extensive public input, and meaningful debate. These processes resulted in the enacted law, which explicitly promises to make a government more accountable to all New York voters, “regardless of wealth or position” and “to improv[e] public confidence in the state’s democratic processes.” By shielding themselves from similar public input before voting on these upending, last-minute changes, lawmakers retreated on their commitment to fostering a more accountable democracy.

We ask you to continue to stand by this program and veto this bill.

Respectfully,
Rachael A. Harding, Chair
Election Law Committee

Recused:
Chad Gholizadeh
Douglas A. Kellner
Matthew Levy
Lance Polivy
Jeffrey Wice