Money in New York Politics

The Brennan Center regularly compiles the latest news concerning the corrosive nature of money in New York State politics—and the ongoing need for public financing and robust campaign finance reform. This week’s links were contributed by Eric Petry.

For more stories on an ongoing basis, follow the Twitter hashtags #moNeYpolitics and #fairelex.

NEW YORK

The Real Moreland Takeaway
SUNY New Paltz dean and state government expert Gerald Benjamin and former New York City corporation counsel Fritz Schwarz wrote an op-ed in the Daily News this week to emphasize the need for public financing at the state level. The attention surrounding Governor Cuomo’s handling of the Moreland Commission is “an easy distraction,” they write, that “takes our attention off of where it should really be focused…the commission’s crucial recommendations for campaign finance.” When adopted, they argue, these reforms will curb the corrosive power of big money in Albany and strengthen the influence of average voters. Schwarz and Benjamin also wrote a letter, which is joined by more than 20 other prominent New Yorkers, urging candidates for the New York State legislature to make public financing a top priority next year. 

New City Law Requires More Disclosure for Campaign Spending
The New York City Council unanimously approved a new campaign spending disclosure law this week. Under the new law, any independent expenditure group that spends in excess of $5,000 will be required to list their top three donors on any literature or advertisements they distribute to voters. They would also have to provide additional disclosure information that would be available publicly on the New York Campaign Finance Board’s website. Councilman Brad Lander, the bill’s primary sponsor, has repeatedly called out groups that do not disclosure their donors and argues that this law will “enable voters to see who’s behind the ads they’re getting.” After the bill passed easily through the City Council, a spokesperson for Mayor de Blasio said he will not hesitate to sign it into law.

Appellate Court Denies Cuomo’s Teachout Challenge
In a unanimous vote, a New York state appellate court rejected the residency challenge against Zephyr Teachout’s campaign, affirming the lower court’s decision. The appellate court ruled that the burden fell on the challengers to provide “clear and convincing evidence” that Teachout does not to meet the residency requirements – a burden that they failed to meet. Following the decision, Teachout renewed her calls for a debate against Governor Cuomo, saying “we have very different visions for where we want to take the state…Democratic voters deserve a choice.” Time Warner Cable News has already agreed to host a debate between Cuomo and Teachout. When questioned whether he would agree to participate, however, the Governor said that he will “leave that to the campaigns to work out.” 

N.Y. poll: Government Corruption a Problem
Another poll was released this week showing that 83 percent New Yorkers view corruption as a serious problem in the state government. Although Cuomo is still the heavy favorite to win reelection this fall, 48 percent of New York voters now see him as part of the problem compared to 41 percent who see him as part of the solution. The latest poll by Quinnipiac University is the third such survey conducted since news of Governor Cuomo’s handling of the Moreland Commission emerged earlier this summer. The results indicate that New Yorkers have become increasingly aware of the Moreland Commission, and nearly half of the respondents in the new poll said that they were in favor of the ongoing federal prosecutions as a way to finish what the commission started. 

New Yorker’s Deep Dive into Campaign Finance and Corruption
This week, the New Yorker published an examination of the corrupting influence of money in politics. While the piece provides an interesting historical perspective of money in politics nationally, it focuses particular attention on the Empire State, which it calls “corruption’s proving ground.” The piece also highlights the anti-corruption research and advocacy conducted by Democratic gubernatorial candidate Zephyr Teachout, calling her campaign less of a campaign for office and more of a campaign for reform.

Money in New York Politics

The Brennan Center regularly compiles the latest news concerning the corrosive nature of money in New York State politics—and the ongoing need for public financing and robust campaign finance reform. This week’s links were contributed by Eric Petry.

For more stories on an ongoing basis, follow the Twitter hashtags #moNeYpolitics and #fairelex.

NEW YORK

Despite Criticism, Cuomo Holds Wide Lead Over Challenger, Poll Finds
A recent poll conducted by Siena College shows that although a large majority of New York voters believe Governor Andrew Cuomo’s handling of the Moreland Commission was inappropriate, they still view him favorably and would vote to re-elect him. The poll was conducted from August 4 to August 7 in the wake of renewed federal investigations and widespread criticisms of how the Moreland Commission was abruptly ended. Despite an overwhelming feeling among participants that corruption is still a major problem in the New York State government and general disagreement with Governor Cuomo’s claim that the Moreland Commission was successful, 58 percent of voters said they would vote to re-elect him. These results imply that the New York Times article detailing ways the governor’s office tried to control the commission and the ongoing federal investigation have not caused serious damage to the governor’s campaign heading into election season.

Cuomo Ignores Calls for Debates

So far this election cycle, Governor Andrew Cuomo has ignored repeated calls for a debate from GOP candidate Rob Astorino on the right and Democratic primary challenger Zephyr Teachout on the left. Cuomo campaign officials have responded only by pointing out that debate negotiations typically commence in September, thereby eliminating the chances of a Democratic primary debate. A debate between Cuomo and Astorino, on the other hand, remains possible, but Astorino insists they face each other one-on-one. While debates with many candidates allows for more voices to be heard, it also “works for the incumbent” says Lee Miringoff of the Marist Poll in Poughkeepsie. Some doubt that debates would have much effect on the election, given Cuomo’s huge campaign funds advantage over Astorino and the fact that Cuomo leads by more than 30 points in the polls. Still, good government groups, academics, and many others maintain that debates serve a vital role in elections, giving voters the opportunity to become better informed about the candidates. 

Judge Rules Teachout Can Stay on Ballot

On Monday, a New York judge threw out the residency challenge brought against Zephyr Teachout's candidacy for governor following a two-day trial in Brooklyn last week. During the trial, election lawyer Marty Connors argued that Teachout has not been a continuous resident of New York for the past five years – a minimum requirement to be governor – because she spent a significant portion of her time out of state and maintained a Vermont address on her driver’s license. Despite these claims, Justice Edgar G. Walker ruled that Teachout has demonstrated “sufficient intent” to reside in New York and dismissed the challenge. In a statement earlier this week, Connors made clear his intention to appeal the decision, saying that “Ms. Teachout admitted under oath that she misrepresented her address on official and tax documents.” The appeal will be heard on August 19. 

Money in New York Politics

The Brennan Center regularly compiles the latest news concerning the corrosive nature of money in New York State politics—and the ongoing need for public financing and robust campaign finance reform. This week’s links were contributed by Eric Petry and Syed Zaidi.

For more stories on an ongoing basis, follow the Twitter hashtags #moNeYpolitics and #fairelex.

NEW YORK

New York Times Investigation Sheds Light on Moreland Commission’s Operations

According to an extensive investigation by the New York Times, the office of Governor Cuomo allegedly tried to control the operations of the Moreland Commission to Investigate Public Corruption, by steering its investigations away from groups that were politically connected to the governor. For example, when commission investigators sought to review political donations and communications by the Real Estate Board of New York—a trade group whose members include some of Cuomo’s biggest donors—in an effort to connect the dots on a valuable housing tax break, the governor’s secretary reportedly instructed commissioners not to subpoena the organization. Ultimately, the commission declined to do so, gaining information from a voluntary request instead. In addition, although the investigation of independent expenditure groups was part of the commission’s mandate, the governor’s staff allegedly told commissioners not to mention a pro-Cuomo organization, the Committee to Save New York—which spent more than $16 million on lobbying and elections without fully disclosing the source of its contributions—in their final report. Governor Cuomo’s office released a statement contesting the characterization of events by the Times, arguing that since the commission was created by and reported to Cuomo, he could not “interfere” with it. Federal prosecutors are investigating the governor’s decision to shut down with commission. Before it was shuttered, the Moreland Commission recommended public campaign financing and other campaign finance fixes to address Albany’s culture of corruption, but the legislative session ended without meaningful reform.

Feds Probe Campaign Expenses of NY Sen. George Maziarz

A federal investigation, led by U.S. Attorney Preet Bharara, is continuing the Moreland Commission's work to examine campaign expenditures made by 28 state senators, including Republican George Maziarz. According to public filings and bank records subpoenaed by the Moreland Commission, the Maziarz campaign failed to report more than $325,000 in expenditures since 2008, including more than 300 checks made out to "cash" with no indication of who ultimately received the money. In addition, sources close to the investigation say that the Maziarz campaign made significant expenditures directly to staff members and their families. The Senator's chief of staff, Alisa Colatarci, reportedly received $91,378 through 219 payments. Bharara's investigation became public following subpoenas issued to Colatarci and Maziarz's former office manager, Marcus Hall, both of whom resigned last week prior to the subpoenas being issued. Colatarci's attorney, Daniel French, issued a statement emphasizing that she is not a target of this investigation, and that she will continue to cooperate fully with prosecutors. In a statement made last week, Maziarz announced that he would not be seeking reelection this fall.

Democrats Challenge Petition Seeking Spot in Gubernatorial Primary

Represented by prominent election lawyer Martin Connor, two New York Democrats challenged the validity of Zephyr Teachout's petition to secure a place on the Democratic gubernatorial primary this week. The objections filed in court question the petition signatures Teachout collected as well as her status as a New York resident. Under New York election law, Teachout's petition to force a primary against incumbent Governor Andrew Cuomo must include at least 15,000 signatures from registered Democrats, and she must have been a continuous resident of the state for at least the past five years leading up to the election. Although Teachout received more than three times the required number of signatures, Connor and his clients argue that there was high potential for error since signatures were collected at public rallies and street fairs by inexperienced volunteers. Regarding the residency challenge, Connor claims Teachout has maintained elements of her previous Vermont residency, including drivers licenses and an address listed on a 2012 donation to the Obama Campaign. Despite these challenges, Teachout maintains that she has more than the requisite number of signatures and that her residency in New York has been uninterrupted since she accepted a tenure-track position at Fordham University Law School in 2009.

Money in New York Politics

The Brennan Center regularly compiles the latest news concerning the corrosive nature of money in New York State politics—and the ongoing need for public financing and robust campaign finance reform. This week’s links were contributed by Eric Petry and Syed Zaidi.

For more stories on an ongoing basis, follow the Twitter hashtags #moNeYpolitics and #fairelex.

NEW YORK

State Sen. Libous Facing Charges of Lying to Prosecutors

New York State Senator Thomas Libous, a 13-term incumbent representing Binghamton, was arraigned in federal court last Tuesday for allegedly making false statements to the FBI. Federal prosecutors claim that Libous lied about using his influence as a state senator to boost his son’s salary at a Westchester law firm. Libous and his son, Matthew, have pleaded not guilty to the charges. The indictment states that the elder Libous arranged for an Albany lobbying firm to pay $50,000 to the law firm where his son was employed, in order to inflate his son’s salary. He “took advantage of his position as senator and chairman of the Transportation Committee by corruptly causing lobbyists, who wanted Libous’ influence to benefit their clients, to funnel money through a law firm to his son,” Manhattan U.S. Attorney Preet Bharara explained. When questioned by prosecutors regarding these charges, Libous denied involvement in any deal between the lobbying firm and the law firm, according to the indictment. Matthew Libous is being simultaneously accused of tax evasion. If the senator is convicted, it would increase the number of Albany legislators that have been forced out of office due to misconduct since 2000 to 27.

Real Estate Interests Seek to Boost Republicans in November Elections

Following the collapse of the power-sharing coalition in the New York State Senate last week, conservative interest groups are combining their efforts with New York real estate developers to win additional seats and maintain Republican influence in the state legislature. The Republican State Leadership Committee and its affiliated 501(c)(4), the State Government Leadership Foundation, have made significant donations to New York political groups, including $10,000 to the Balance New York super PAC, most of whose funds in turn come from the Rent Stabilization Association PAC and the Neighborhood Preservation Political Action Fund. The Rent Stabilization Association PAC, composed of owners of the city’s rent stabilized buildings, has been actively contributing to incumbent Republican Senators including Andrew Lanza in Staten Island and Jack Martins in Long Island, who are facing Democratic challengers this November. More information regarding contributions and expenditures in the state races will be available following the state Board of Election’s July 15^th filing deadline.

Teachout Gathers Signatures to Challenge Gov. Cuomo in Primary

Zephyr Teachout, the Fordham Law professor hoping to challenge Governor Andrew Cuomo in the Democratic primary, informed the press this week that her campaign has the necessary signatures to appear on the ballot. Thus far Teachout says she has gathered more than 45,000 signatures from registered Democrats. Although only 15,000 signatures are required to be placed on the ballot, the campaign expects the governor to legally challenge the validity of some signatures. Teachout has been actively seeking support from local Democratic clubs in New York City. She has centered her campaign on concerns regarding rising income inequality and corruption in the state capital. “I would love to be the governor of New York” she told a crowd of likely primary voters. “But I would also like to get this governor of ours … [to] actually listen to the deep, very heartfelt concerns of the Democrats of this state.”

Money in New York Politics

The Brennan Center regularly compiles the latest news concerning the corrosive nature of money in New York State politics—and the ongoing need for public financing and robust campaign finance reform. This week’s links were contributed by Eric Petry and Syed Zaidi.

For more stories on an ongoing basis, follow the Twitter hashtags #moNeYpolitics and #fairelex.

NEW YORK

Senate Coalition Disintegrates

As the legislative session came to a close last week, comprehensive campaign finance reform remained stalled. Opposition to reform was led by Republicans in the state Senate. This week, the breakaway Democrats who had formed a coalition with Republicans to control the Senate announced plans to abandon the arrangement. The leader of the Independent Democratic Conference, Sen. Jeffrey Klein, said the IDC would form a coalition with Democrats next year. The change is expected to have implications for public campaign financing and other reforms left on the table at the end of this year’s session. Governor Cuomo has renewed his pledge to “work to elect people who support” the progressive agenda this election season. Whether the planned Democrat-IDC coalition has a majority in the chamber next year will depend on the outcome of the November elections.

Governor Cuomo Has Raised Millions through the LLC Loophole

In the three and a half years since his election in 2010, Governor Andrew Cuomo has collected more than $6.2 million in campaign funds—more any other New York politician—through a loophole that he previously pledged to close. Under state regulations, limited liability companies are considered individuals and permitted to contribute up to $150,000 per year to candidates and political parties. However, since there is no limit on the number of LLCs a corporation or an individual may create, it effectively allows unlimited campaign contributions. In its preliminary report released last December, the Moreland Commission to Investigate Public Corruption recommended closing the loophole due to “the appearance of a relationship between large donations and legislation that specifically benefits large donors.”

Outside Money Plays Big Role in New York Congressional Primaries

Federal Election Commission filings compiled by the Sunlight Foundation demonstrate that outside groups were actively spending money in New York’s Congressional primary races. In the 21^st Congressional District in upstate New York, outside groups came to the rescue of former Bush administration aide Elise Stefanik, in her primary battle against investment fund manager Matt Doheny. American Crossroads, the Karl Rove-linked super PAC, spent almost $800,000 on the race criticizing Doheny as irresponsible and a “perennial loser.” Another group, New York 2014, was formed just last month and, despite its nondescript name, all of its $370,000 in expenditures were in support of Stefanik. New York 2014 is funded by five rich out-of-district contributors, all with key roles at financial firms. The biggest donor to New York 2014 is Kenneth Griffin, founder and CEO of hedge fund Citadel LLC, who also recently made the largest single contribution in the history of the state of Illinois. Stefanik emerged as the victor in this week’s primary, and will go on to face Democrat Aaron Woolf in November. Outside groups were also active in the 1^st Congressional district Republican primary race between Lee Zeldin and George Demos, where independent expenditures hit $1.8 million. Such groups are likely to be a factor in the upcoming general election races as well.

Green Party Candidate to Challenge Cuomo, Astorino

Howie Hawkins, the Green Party’s gubernatorial nominee, will compete against Gov. Cuomo and Republican nominee Rob Astorino in the general election. Fordham law professor Zephyr Teachout, meanwhile, is collecting signatures to run against Cuomo in the Democratic primary. She has criticized the governor over his failure to pass campaign finance reform to address public corruption. An April Siena poll showed that a left-leaning challenger to Cuomo from the Working Families Party would garner 24 percent of the vote and cut Cuomo’s lead by 19 percent. Although the WFP has already endorsed Cuomo, Hawkins said that he is the “ticket that 24 % is looking for.” The most recent Siena poll however illustrated that Hawkins would capture only 4 percent of the vote in a race with Cuomo and Astorino. Nonetheless, Hawkins remains optimistic: “People have gone through some different things and they’ve basically seen they’ve got to be independent and speak for themselves, instead of attach themselves to the latest liberal Democratic hope,” he stated.

Money in New York Politics

The Brennan Center regularly compiles the latest news concerning the corrosive nature of money in New York State politics—and the ongoing need for public financing and robust campaign finance reform. This week’s links were contributed by Syed Zaidi.

For more stories on an ongoing basis, follow the Twitter hashtags #moNeYpolitics and #fairelex.

NEW YORK

The Daily Gazette: New York’s 2014 Legislative Session a Failure

The New York State legislative session is ending this week without major progress on big-ticket issues such as campaign finance reform, minimum wage, and the women’s equality agenda. The Daily Gazette called the session a “big flop.” The upstate newspaper said that the failure to pass campaign finance reform would allow big money to continue “to influence elections at the expense of worthy candidates who don't have access to large donors.” Although the legislature had several months to work to find solutions to these pressing concerns, they largely failed to address them.

Law Professor Teachout Plans to Mount Primary Challenge to Gov. Cuomo

Zephyr Teachout, a Fordham University law professor, is collecting signatures to mount a Democratic primary challenge to Governor Andrew Cuomo. Her decision to run follows a contentious Working Families Party convention, where the third party nominated Cuomo for their ballot line in this year’s gubernatorial election. Teachout however, still garnered 41.3 percent of the vote at the convention. Now, she needs at least 15,000 signatures by registered Democrats to secure her name on the ballot. “Four years ago, Andrew Cuomo stood on the steps of a courthouse named after Boss Tweed and promised to clean up corruption in New York State. But he, as Gov. Cuomo, has become the problem that candidate Cuomo promised to fix,” Teachout told the press. She also leveled criticisms against the governor’s economic and fiscal policies, and emphasized the importance of reforming campaign finance to raise the voices of average voters. “I believe in democracy, not donors,” she said.

Mistrial in Corruption Case Involving State Sen. Smith

On Tuesday, Federal District Court Judge Kenneth M. Karas declared a mistrial in the corruption case involving New York State Senator Malcolm Smith and former Vice Chairman of the Queens County Republican Committee Vincent Tabone. Prosecutors had failed to provide the defense with recordings of telephone calls and text messages from a government informer, Moses Stern, which may have been relevant to the trial. Since more than 28 hours of the conversations were in Yiddish, the defense asked the judge for more time to translate and digest the recordings. Some of the jurors could not serve for this extended period of time, which would have pushed the trial into mid-July. Defense attorneys for Smith and Tabone did not consent to going forward with the trial with fewer jurors, leading Judge Karas to schedule a new trial for January 5^th, 2015. The trial of the third defendant—former  New York City Councilman Daniel Halloran, who allegedly served as an intermediary for Smith’s bribery schemes—will resume in a week. 

Money in New York Politics

The Brennan Center regularly compiles the latest news concerning the corrosive nature of money in New York State politics—and the ongoing need for public financing and robust campaign finance reform. This week’s links were contributed by Syed Zaidi.

For more stories on an ongoing basis, follow the Twitter hashtags #moNeYpolitics and #fairelex.

NEW YORK

Public Financing Trial Could Show Power of Small Donors

In a guest column for the Post-Standard, David Rubin, a former dean at Syracuse University, wrote that the trial public financing program for the state comptroller race presents an opportunity to demonstrate the power of small donors. Although current New York State Comptroller Thomas DiNapoli has declined to participate in public financing—citing concerns over the inadequate structure of the pilot program—his Republican challenger Robert Antonacci has said that he will op-in. Donations up to $175 by New Yorkers to Antonacci’s campaign will be matched with public funds at a 6-to-1 ratio, if he first qualifies by raising $200,000 including at least 2,000 small contributions. In return he will have to abide by spending limits and a $6,000 per person contribution restriction. Non-participating candidates running statewide, meanwhile, can accept up to $41,000 from a single donor. “Public financing empowers local donors who can actually vote for the candidate. It forces candidates to court us, one small donation at a time,” Rubin explained. And until state legislators pass reforms that apply to all races in the state, “we will get elected officials purchased for us by others, with the awful results we see in Albany and Washington.”

Major Issues Unresolved for Final Week of NY Legislative Session

With just one week left in the New York State legislative session, press outlets are predicting that few big-ticket issues, such as public campaign financing, the women’s equality agenda, medical marijuana or the Dream Act, will be resolved. Although Governor Andrew Cuomo has publicly vowed to campaign against the ruling coalition in the senate unless headway is made on some key issues, Democrats in the chamber are not optimistic about legislative progress. “Whether they allow certain things to get done, it’s up to them,” said Senate Democratic Conference Leader Andrea Stewart-Cousins in reference to the senate ruling coalition of Republicans and five breakaway Democrats. However, Senator Jeffrey Klein, the leader of the Independent Democratic Conference and Majority Co-leader of the chamber, did not rule out the possibility of public financing reform passing before the session is over. “We still have two weeks to govern,” he stated, “[t]he political season has not started yet as far as I’m concerned.”

Albany Times-Union: Bruno Acquittal Demonstrates Need for Reform

Last month, former New York State Senate Majority Leader Joseph Bruno was acquitted of corruption-related charges. Bruno allegedly accepted $20,000 per month in consulting fees from a businessman with a stake in Evident Technologies, according to prosecutors, and then subsequently approved a $250,000 state grant to the company. This did not qualify as corruption under federal law, the jury determined. The Times-Union said that the trial was a troubling demonstration that ethics and campaign finance laws need to be reformed in Albany. To “take money from somebody doing business with the state they can influence,” should be illegal, the newspaper wrote. And there should be more stringent restrictions on what campaign funds can be used for, along with significantly lower contribution limits.

Corruption Trial of New York Officials Brings New Revelations

The trial of New York State Senator Malcolm Smith has brought to light new evidence concerning his alleged scheme to become mayor of New York City. According to the FBI, Smith wanted to become the leader of the Senate Democrats, in an effort to raise his profile and subsequently run for the mayoral race in New York City. Smith asked Moses “Mark” Stern, a government informant posing as a businessman, to give him $27,000—money that was later to be dispersed to other senators to cement his influence. It “puts me in a better position to run for mayor than just being in the senate,” Smith told Stern. Following this, at a meeting between Stern, Smith and another FBI informant, Smith asked the men for their help in persuading three of the five Republican County Chairmen to authorize his mayoral candidacy on the Republican Party line. Smith sought to do this by bribing the officials, prosecutors allege, using former New York City Councilman Dan Halloran as his middle-man.

Money in New York Politics

The Brennan Center regularly compiles the latest news concerning the corrosive nature of money in New York State politics—and the ongoing need for public financing and robust campaign finance reform. This week’s links were contributed by Syed Zaidi.

For more stories on an ongoing basis, follow the Twitter hashtags #moNeYpolitics and #fairelex.

NEW YORK

Working Families Party Nominates Cuomo for Governor

At the Working Families Party’s convention this weekend, the progressive third party nominated Governor Andrew Cuomo, giving him its ballot line in the upcoming gubernatorial election. Cuomo captured 58 percent of the state committee’s weighted vote, while Fordham law professor Zephyr Teachout—who has challenged Cuomo for his failure to address legislative corruption—received 41 percent. In a video message, the governor informed WFP delegates that he is firmly committed to passing progressive priorities including public financing of elections, a higher minimum wage, the Dream Act, and women’s equality initiatives. “To make this agenda a reality, we must change the leadership of the Senate,” he stated. For the first time, Cuomo openly said that he would oppose the Senate Independent Democratic Conference: “Either they announce that they agree to come back to the Democratic Party, or they will face primaries this year from our unified Democratic coalition.” Teachout is still considering contesting Cuomo in the Democratic primary. She would need 15,000 signatures on nominating petitions by July 9^th to get onto the ballot.  

Working Families Party Endorses Challengers to Independent Democratic Conference

In addition to Governor Cuomo, the Working Families Party (WFP) endorsed candidates challenging two members of the Senate Independent Democratic Conference (IDC). The IDC –composed of five breakaway Democrats—rules the state senate in a coalition with the Republicans. Former New York State Attorney General Oliver Koppell, running against IDC head and Senate Majority Co-leader Jeffrey Klein, garnered the endorsement of the WFP for the 34^th district in the Bronx. However a number of unions in the party, including the Hotel Trades Council, the United Federation of Teachers and the Mason Tenders, backed Klein instead. Koppell has said that legislative priorities, such as public financing of elections and the Dream Act, would have passed if the Democrats controlled the chamber instead of the IDC. A spokeswoman for the IDC said that Senator Klein “is a lifelong Democrat who is not walking away from his strong record of core Democratic legislative accomplishments and looks forward to a healthy debate of ideas…in the coming election.” In the 11^th district, located in Queens, the WFP endorsed former New York City Comptroller John Liu over the current incumbent, IDC Senator Tony Avella.

Buffalo News: Without Aggregate Contribution Limits, Reform Even More Critical

In an editorial on Monday, the Buffalo News criticized the New York State Board of Election’s decision to not enforce the state’s $150,000 aggregate contribution limit, saying it sends a clear message that the system is “broken.” The announcement from the state board came following two recent court decisions concerning aggregate contribution limits. The upstate newspaper argued that the continual erosion of campaign finance regulations would cede even more power to wealthy special interests that wish “to buy influence across the state.” The dominance of big money in state politics will generate greater opportunities for legislative malfeasance, exacerbating New York’s culture of corruption. The editorial concluded that reform is now critical, starting with lowering the sky-high individual contribution limits.  

New York Elected Officials Spent Campaign Funds on Legal Defense

According to the New York Public Interest Research Group (NYPIRG), New York State elected officials have spent more than $7 million in legal fees using their campaign funds in the past 10 years. Unfortunately, many lawmakers in Albany have faced a plethora of legal problems related to corruption or other unethical or illegal conduct in recent years. Under state law, politicians are not prohibited from using their campaign funds for legal defense. Former state Senator Carl Kruger, for example, faced one of the costliest legal battles, and spent $1.7 million from his war chest on defense attorneys. In 2012, he was sentenced to prison for corruption related to bribes. Bill Mahoney, NYPIRG’s research coordinator, said that legislators and Governor Cuomo have “made promises they are going to fix the [campaign finance] system…and this is something we strongly encourage them to include.”

Money in New York Politics

The Brennan Center regularly compiles the latest news concerning the corrosive nature of money in New York State politics—and the ongoing need for public financing and robust campaign finance reform. This week’s links were contributed by Syed Zaidi.

For more stories on an ongoing basis, follow the Twitter hashtags #moNeYpolitics and #fairelex.

NEW YORK

Gov. Cuomo May Oppose Senate Coalition if Public Financing Isn’t Passed

Governor Andrew Cuomo implied this week that he may oppose the ruling Senate coalition of Republicans and Independent Democrats this coming fall if the chamber does not pass public campaign financing. “If public finance is not passed by the end of session, I will consider the [Senate] coalition a failure,” Cuomo said. “I would give my opinion to the people of the state,” he continued. The governor is facing pressure from the progressive Working Families Party, which might not endorse him on the party’s ballot line if he doesn’t achieve public financing reform. The party’s nominating convention is this Saturday. Independent Democratic Conference Senator Jeffrey Klein, who leads the chamber in a power-sharing agreement with the Republicans, has also insisted that reform must be enacted before the end of the session. He did not rule out aligning with the mainstream Democrats if it fails. Former state Attorney General Oliver Koppell will be challenging Klein in the June Democratic primary. Although negotiations were well underway with Republicans regarding public funding, the discussions were derailed following a warning from the Conservative Party. Conservative Party Chairman Mike Long told Skelos that his party would not endorse Senate Republican candidates if they vote for public financing reform.

NYS Board of Elections Will No Longer Enforce Aggregate Contribution Limit

Commissioners at the New York State Board of Elections decided last week that the board will no longer enforce the state’s $150,000 aggregate contribution limit. Under the state’s aggregate limit, a single individual could not contribute more than $150,000 combined per calendar year to all political campaigns, parties, and independent committees in New York. The board’s announcement came after recent court rulings concerning aggregate contribution limits. In early April, the U.S. Supreme Court declared federal aggregate contribution limits unconstitutional in McCutcheon v. FEC. Soon thereafter, a judgment by a federal district court nullified New York’s aggregate contribution limit of $150,000 as applied to independent expenditure groups, such as super PACs. The recent Board of Elections decision nullifies the aggregate contribution cap regarding donations to all candidates, parties, and political action committees, in addition to independent expenditure groups.

Albany Times-Union: Public Financing Reform More Urgent Without Aggregate Contribution Limits

Yesterday, the Albany Times-Union criticized the Board of Elections’ decision to not enforce the state’s aggregate contribution limit, saying it would allow a single wealthy donor to “pour millions of dollars into an election like this fall’s, when every state office will be up for grabs.” As it stands, New York’s individual contribution limits are already sky-high: $41,000 for statewide offices, $8,400 for the Senate and $4,100 for the Assembly—just for the general election. The decimation of aggregate contribution limits only exacerbates the problem. To make matters even worse, since Limited Liability Corporations (LLCs) are subject to individual rather than corporate contribution limits under New York campaign finance regulations, one person could set up several different subsidiaries to funnel millions more into state campaigns. The editorial called on the legislature and Governor Cuomo to immediately take action by reducing the individual contribution limits for state offices, closing the LLC loophole, and instituting a system of public campaign financing so that elected officials can “pay attention to small donors,” rather than just courting millionaire contributors.

Buffalo Common Council Passes Resolution to Explore Small Donor Public Financing

The Buffalo Common Council passed a resolution this week to explore the possibility of adopting a public campaign financing system for local offices. Council Member Joseph Golombek, who is pushing the measure, commended his colleagues for being open to reform, especially considering that it would allow challengers to “actually…raise money,” when running against incumbents. According to the resolution, in 2011, incumbents in the Buffalo Common Council outraised opponents by a margin of 24-to-1. The resolution charged a committee, composed of citizens from local labor unions and advocacy organizations, with examining the possibilities of a municipal public financing system. Susan Lerner, Executive Director of Common Cause New York, praised the resolution, calling it an opportunity to “bring more small donors into elections,” and to broaden the “range of candidates” running for office.

Money in New York Politics

The Brennan Center regularly compiles the latest news concerning the corrosive nature of money in New York State politics—and the ongoing need for public financing and robust campaign finance reform. This week’s links were contributed by Syed Zaidi and Emily Apple. 

For more stories on an ongoing basis, follow the Twitter hashtags #moNeYpolitics and #fairelex.

NEW YORK

NY Times: Gov. Cuomo Must Put His Words into Action

Last week, the New York Times pressed Governor Cuomo to put his words on reform into action. Under the status quo, special interests reign supreme in Albany, the editorial stated. Incumbents face little competition because they can easily flood their war chests with sky-high contributions. A system of public financing that matches small donations with public funds offers the potential to both increase candidates’ reliance on small contributors and to diversify the pool of candidates that run for office. Recently, in the 2014-15 budget, the New York legislature and Governor Cuomo passed a pilot public financing program for the state comptroller’s race. Republican state comptroller candidate Robert Antonacci has already said that he will participate in the program. Although the Republicans in the state senate claim they are opposed to public financing, the fact that they were willing to agree to this trial demonstrates that there is hope for passing more comprehensive legislation. The Times said Cuomo should consider campaigning against lawmakers that refuse to pass reform.

Fmr. State Sen. Bruno Acquitted of Fraud Charges in Re-trial

Last Friday, former New York State Senate Majority Leader Joseph Bruno was acquitted in federal court on fraud charges, ending a decade-long legal battle. In 2009, Bruno was convicted on two counts of mail fraud for allegedly receiving hundreds of thousands of dollars in consulting fees from Jared Abbruzzese, an Albany businessman, and overpaying Abbruzzese for a horse prosecutors said was worthless. However, the conviction was later vacated on appeal based on a U.S. Supreme Court decision that honest-services fraud convictions cannot be based solely on concealment of a conflict of interest. In 2012 federal prosecutors brought new charges against Bruno for allegedly accepting $440,000 in bribes and kickbacks from Abbruzzese, disguised as consulting fees while in office. Last week, the jury found Bruno not guilty of the charges. The ruling comes after the conviction of Assembly Member William Boyland Jr. and Assembly Member Eric Stevenson this year on bribery charges. 

NYS Board of Elections Scrambling to Set up Public Financing Program

The New York State Board of Elections (BOE) released draft regulations governing the new pilot public financing program for the state comptroller’s race last week. According to Capital New York, the state BOE asked the New York City Campaign Finance Board (CFB) to administer the program—a request the city board refused because it is legally prohibited from doing so. However, the NYC CFB has provided other assistance to the state agency such as forms, language for regulations and other advice. State legislators and Governor Cuomo claimed that the trial program was launched to test the practicality of a statewide public financing system. Good-government groups, as well as incumbent state Comptroller Thomas DiNapoli, argued that the pilot was poorly constructed and deliberately designed to fail. Ian Vandewalker, counsel at the Brennan Center for Justice, stated that “it was a mistake to give [administration of public financing] to the Board of Elections. By their own account they don’t have the budget—to give them a new responsibility, it doesn’t really make sense.”

Support for Public Financing Increasing Among New Yorkers

In a new poll released Thursday by Quinnipiac University, the majority of voters surveyed—55 percent—indicated that they believe New York State government is dysfunctional. Eighty-one percent, an overwhelming majority, replied that corruption in state government is a “very serious” or “somewhat serious” problem. Similarly, 78 percent thought that Governor Cuomo’s decision to shut down the Moreland Commission, which was investigating corruption in the state legislature, was a political deal struck with legislative leaders, rather than a “decision based on good government.” And a plurality, 46 percent, said that they approve of public financing of election campaigns for statewide and state legislative races. Typically, when this question is posed to voters with details regarding the comprehensive reform plan—including lower contribution limits and matching small donations—support jumps above 60 percent.   

Money in New York Politics

The Brennan Center regularly compiles the latest news concerning the corrosive nature of money in New York State politics—and the ongoing need for public financing and robust campaign finance reform. We’ll also be linking to dispatches from around the country highlighting the national scope of this crisis. This week’s links were contributed by Syed Zaidi. 

For more stories on an ongoing basis, follow the Twitter hashtag #moNeYpolitics and #fairelex.

NEW YORK

Gov. Cuomo Discusses Passing Reform This Session with Activists

Under mounting pressure from good-government groups, unions and the Working Families Party, Governor Andrew Cuomo met with advocates of campaign finance reform to discuss passing publicly financed elections before the end of the state legislative session in June. Cuomo said he wants his eulogy to list three accomplishments: marriage equality, gun control and public financing. The Working Families Party in particular has made the subject a legislative priority, and progress on the issue is likely to be a consideration as the party decides whether to endorse Cuomo for his fall re-election campaign. The party will nominate its candidate for governor on May 31st.  Dick Dadey, executive director of Citizens Union, said he was optimistic about prospects of passage. “Our discussions with the governor and Senator Klein have moved from the need to get campaign finance reform, to specifically how it can get done,” he stated. Assembly Democrats, and both wings of the Democrats in the state senate, already support the much-needed changes. State senate Republicans, who rule the chamber in a coalition with breakaway Democrats, have been the greatest obstacle to reform. However, Republican Senate Co-leader Dean Skelos has stated that he is open to certain mechanisms of publicly funding campaigns such as a voluntary tax check-off. The pilot public financing program for the state comptroller race, which legislative leaders—including Republicans—and Governor Cuomo authorized in the 2014-15 budget, is supported by the state’s abandoned property fund.

Republican State Comptroller Nominee to Accept Public Financing

At the New York State Republican Party convention on Wednesday, delegates unanimously nominated Robert Antonacci to run for state comptroller come November. Antonacci has been Onondaga County’s comptroller since 2007. He will face incumbent Democratic Comptroller Thomas DiNapoli in the fall. Antonacci has enthusiastically indicated that he will be participating in New York’s trial public financing program, which allows comptroller candidates to receive money from the state’s abandoned property fund to match small donations. "My family can't self-finance a statewide elected race. But for the campaign finance pilot program, I would not be in the race," he stated. In what has amounted to an ironic situation, Antonacci, whose party has traditionally opposed public financing, will be opting into the system, while DiNapoli—citing problems with the program’s design—will not be participating. Last month, after criticizing public financing, New York GOP Party Chairman Ed Cox admitted that the pilot program would broaden “the field on the Republican side for potential comptroller candidates.”

U.S. Rep. Grimm’s Ex-Girlfriend Pleads Not Guilty to Violating Campaign Laws

U.S Representative Michael Grimm’s (R-NY 11) former girlfriend pleaded not guilty to charges of violating campaign finance laws last week. Federal prosecutors charge that Diana Durand reimbursed straw donors that gave money to Grimm’s 2010 Congressional campaign. Three donors were allegedly provided with a total of $10,600 for their contributions by Durand. She faces a maximum of eight years in prison if convicted on all charges. Durand’s attorney defended his client, stating that she has a poor understanding of campaign finance laws and did not intentionally commit the crime. An investigation into Grimm’s 2010 campaign is still ongoing. Unrelated to his campaign, Grimm has been recently indicted for tax evasion, perjury, and hiring undocumented workers, during his tenure as the co-owner of a health food restaurant in the Upper East Side. He has vowed to stay in Congress, and continue his 2014 reelection campaign. 

Money in New York Politics

The Brennan Center regularly compiles the latest news concerning the corrosive nature of money in New York State politics—and the ongoing need for public financing and robust campaign finance reform. We’ll also be linking to dispatches from around the country highlighting the national scope of this crisis. This week’s links were contributed by Syed Zaidi. 

For more stories on an ongoing basis, follow the Twitter hashtag #moNeYpolitics and #fairelex.

NEW YORK

Gov. Cuomo Tells NY Senate to Pass Public Financing

In a Huffington Post op-ed, Governor Andrew Cuomo insisted that public campaign financing is the issue with the “best opportunity for the remainder of the session.” Alluding to President (and New York Governor) Theodore Roosevelt’s support for campaign finance reform, Cuomo said that New York should follow in his footsteps. After a series of corruption scandals last year, the governor empanelled a commission to investigate shortfalls in the state’s bribery and campaign finance laws. This week, he defended his decision to end the commission back in April, arguing that all investigations are now in the hands of state and federal prosecutors with legal authority to get to the bottom of any wrongdoing. Although the recently adopted budget restricted public financing only to the state comptroller’s race, Cuomo pointed out that by agreeing to a pilot program, opponents “conceded the crucial ideological point they had resisted for decades: that public funds can be used to finance elections.” Public financing has been shown to boost small donor participation as well as broaden the field of candidates that run for office. The governor put the onus on the ruling Senate coalition—composed of Republicans and a few breakaway Democrats—to pass reform before the end of this year’s session in June, saying anything less would be a “true failure and a lost opportunity.”

Moreland Commission Members: Pass Reform before End of Session

In the Daily News, former Moreland Commission members Peter Zimroth, Lance Liebman, and Gerald Mollen argued that there is still a chance for Albany to change its culture of corruption and dysfunction. During its short tenure, the commission exposed serious and systematic problems with New York State’s campaign finance laws. Although the commission has now been dismantled following a budget deal that passed an incomplete set of reforms, there are still two months left in the state legislative session. Lawmakers should use this time to pass comprehensive campaign finance reform, the three argued. In New York City, public financing has allowed constituents to take on powerful lobbyists and special interests. Donations from natural persons to city candidates are matched at a $6-to-$1 ratio with public funds, allowing elected officials to spend more time courting citizens rather than corporations or unions. “Initiating this system will cost some taxpayer money,” the commissioners stated, “But it will cost taxpayers substantially more over the long run if we continue to allow large contributors to exercise such outsized influence in choosing our elected leaders.”

Democrats in New York Senate Introduce Reform Bills

Democrats in the New York senate have introduced several pieces of legislation to expand public financing to all state legislative and statewide races, and enact stronger anti-corruption provisions. The package of bills would establish a $6-to-$1 match for political donations up to $250, cap donations from limited liability companies to $5,000, and restrict contributions to political party housekeeping accounts down to $25,000. Other bills would strip state and local officials from their pensions if they are convicted of a felony and outlaw the use of campaign funds for legal defense. The Democrats are a minority in the state senate, so the fate of the bills will ultimately be decided by the ruling coalition of Republicans and five independent Democrats. Independent Democratic Conference leader Senator Jeffrey Klein has also expressed that public financing reform will be a priority for the remainder of the session. “Certainly we need to have a public matching system,” he told reporters, “We need to do more than we did in the budget.”

Republican Candidate for Comptroller to Accept Public Financing

Onondaga County Comptroller Robert Antonacci said he plans on challenging Democratic State Comptroller Thomas DiNapoli for his position this coming fall. Despite the opposition of his party’s leadership to publicly financed campaigns, Antonacci informed the Associated Press that he will “whole heartedly and enthusiastically” participate in the pilot program which allows candidates to receive $6 in public funds for every $1 they raise up to $175 from New York residents. “We will show the taxpayers that we know how to spend every dollar we receive wisely,” Antonacci continued. DiNapoli, although a supporter of reform, decided to opt out of the matching funds program because he said the pilot was inadequate and poorly crafted. New York Republican Party Chairman Ed Cox stated that the public financing trial would broaden “the field on the Republican side for potential comptroller candidates.”

Money in Politics This Week

The Brennan Center regularly compiles the latest news concerning the corrosive nature of money in New York State politics—and the ongoing need for public financing and robust campaign finance reform. We’ll also be linking to dispatches from around the country highlighting the national scope of this crisis. This week’s links were contributed by Syed Zaidi. 

For more stories on an ongoing basis, follow the Twitter hashtag #moNeYpolitics and #fairelex.

NEW YORK

Vandewalker: Public Financing “Pilot” Program Designed to Implode

Writing in Newsday, Ian Vandewalker, counsel at the Brennan Center for Justice, praised New York State Comptroller Thomas DiNapoli for opting out of the state’s poorly crafted public financing “pilot” program. Despite calls by the public and several good government groups to comprehensively reform New York’s campaign finance laws, Governor Cuomo and the legislative leadership failed to deliver a real public financing system, instead agreeing upon an experiment limited to the 2014 comptroller elections. The state’s notoriously dysfunctional Board of Elections was empowered to implement the law for this year’s upcoming comptroller race. “[T]he system was designed to implode,” said Vandewalker. Furthermore, the bill, which was passed in a state budget agreement in early April, fails to lower sky-high campaign contribution limits, close campaign funding loopholes, or mandate greater disclosure of independent expenditures by special interest groups.  

Watertown Daily Times: Comptroller Right to Opt-out of Public Financing “Pilot” Program

The Watertown Daily Times praised Comptroller DiNapoli for not participating in New York’s public financing pilot program for election campaigns. Although DiNapoli has been a strong supporter of reform, he said the limited measure introduced during last-minute budget negotiations in early April, was “designed to fail, by lawmakers who either do not really believe in, or don’t understand, public campaign financing at all.” If implemented, the half-hearted effort at reform, would have allowed opponents to point to the poorly crafted model as an example of the failure of public financing. It has unfortunately already provided an excuse for Governor Cuomo to disband the Moreland Commission to Investigate Public Corruption. Calling the reform an inadequate response to the corrosive epidemic of corruption in the New York legislature, the Watertown Daily Times said that “lawmakers should go back to the drawing board.”

Federal Court Overturns New York’s Aggregate Contribution Cap Following McCutcheon v. FEC

On Thursday, U.S. District Judge Paul A. Crotty issued a five-page ruling in New York Progress and Protection PAC v. Walsh, overturning New York State’s aggregate campaign contribution cap on donations to independent political groups. New York State restricts the total amount one person may contribute to all candidates and political action committees to $150,000 per election cycle. The case, brought by the New York Progress and Protection PAC—a conservative super PAC that sought to prop up Republican mayoral nominee Joe Lhota last year—argued that Alabama businessman Shaun McCutcheon had the right to contribute more than $150,000 to independent groups that supported Joe Lhota. Judge Crotty indicated that although he was obliged to follow the U.S. Supreme Court’s decision in McCutcheon v. FEC, which recently invalidated federal aggregate contribution limits, he disagreed with the court’s analysis and lamented that regular citizens “are too often drowned out by the few who have great resources.” Lawrence Norden, deputy director of the Brennan Center’s Democracy Program, said that “It's not just the American public that is unhappy with these decisions but a lot of the judiciary below the [U.S] Supreme Court.”