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Over 100 campaigns requested public funds in NY — but a change might weaken small donors' power
By
Brigid Bergin
Published Oct 5, 2023
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By
Brigid Bergin
Published Oct 5, 2023
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More than 100 candidates have registered for a new state public matching funds program that helps boost small campaign donations, marking a major milestone in New York’s inaugural election cycle. But what the campaigns signed up for may not be what they get if Gov. Kathy Hochul signs a bill passed by both houses of the Legislature at the end of session.
The pending legislation would dramatically overhaul the public matching program adopted in 2020 and launched last November that seeks to boost small donors by matching political contributions with public funds.
The legislation before the governor would increase the number of donors candidates need to qualify for matching funds — a change that critics say gives incumbents an advantage. The proposed amendments would also allow a candidate to receive matching funds for the first $250 of any donation by an individual up to the maximum allowed for their respective office, as opposed to restricting matching funds only to donations of $5 to $250.
Proponents of the original program — the one candidates are currently registered for — are urging Hochul not to sign the bill. They warn that the changes will dilute the power of small-dollar donors and undermine the public matching system's original intent.
“The way that the program was enacted responds to a status quo under which large donors have an outsized say and an outsized influence of our state's politics,” said Joanna Zdanys, senior counsel in the elections and government program at the Brennan Center for Justice.
Democrat Claire Valdez is an Assembly candidate in District 37 in Queens who was recently endorsed by the New York City Chapter of the Democratic Socialists of America in her primary fight against incumbent Assemblymember Juan Ardila, who has faced sexual misconduct allegations and calls for his resignation. Ardila denies the misconduct claims.
Valdez said the state’s current matching funds program aligns with her campaign’s focus on grassroots support from donors in her district, which encompasses Long Island City, Maspeth and Ridgewood. While Valdez said she’s prepared if the new law is enacted, she believes it dilutes the original intent of the program.
“I think it shields incumbents from challengers,” Valdez said. “And it makes running insurgent campaigns that rely on small donors and local support, it just makes it a lot harder for us to mount a really viable campaign.”
Zdanys cited a report the Brennan Center co-authored with OpenSecrets, a nonpartisan nonprofit that analyzes campaign fundraising and expenditures, which examined donations in New York state’s 2022 election cycle. Their analysis found that just 200 large donors gave more than 200,000 small donors combined.
Zdanys says the proposed changes could “really undermine the incentives for candidates participating in the program to engage more with everyday constituents.”
Avi Small, a spokesperson for Hochul, said the governor is reviewing the legislation.
The bill that passed the Legislature emerged after months of rumblings in Albany that lawmakers might delay or defund the matching funds program. The bill was rushed to the floor in the final days of the legislative session and was sponsored by Assemblymember Latrice Walker and state Sen. Zellnor Myrie, both Democrats who chair their chambers' respective Election Law committees.
Neither of the Brooklyn legislators immediately responded to requests for comment.
Statements of support from lawmakers issued after the bill’s passage suggested the changes brought the state’s program more in line with the New York City Campaign Finance Board’s program, which matches the first $150 to $250 of a donation, depending on the office sought.
“These updates will ensure the program’s first year is a success and bring the state’s participation and eligibility standards in line with New York City’s campaign finance system, one of the most well-regarded local programs in the country,” Myrie said in a statement from June.
To qualify for the city’s program, a candidate must meet a two-part threshold of 75 to 1,000 contributors within their district or citywide contributors for certain offices, and $5,000 to $200,000 raised.
However, unlike the city’s program, which caps maximum donations at $1,050 for City Council and up to $2,100 for mayor, the state has significantly higher contribution limits, reaching as much as $18,000 for statewide office, $10,000 for state Senate and $6,000 for state Assembly.
To qualify for state matching funds under the pending legislation, an Assembly candidate will need to raise $12,000 for 145 in-district donors, up from $6,000 from 75 donors under the original rules.
For a state Senate candidate, it means raising $24,000 from 350 in-district donors, up from $12,000 from 150 donors. Candidates running in districts designated as lower income would still have lower thresholds to meet in order to qualify for matching funds, but those targets would also increase under the pending legislation.
Registration among incumbents seeking re-election increased significantly after the legislation's passage. Before the bill’s approval, 25 incumbents had registered for the program in its original form, state Board of Elections records show. After the legislation passed, 38 more incumbents signed up for the program.
If enacted, the new version of the program is also likely to add to the fledgling Public Campaign Finance Board’s administrative burden, since the new agency runs the program.
So far, the PCFB has trained more than 200 people on the program’s current requirements, according to Kathleen McGrath, a spokesperson for the agency. Candidates, campaign treasurers and other interested parties have completed training, with sessions offered on an ongoing basis.
“If the bill is enacted, the PCFB will publish updates to all of its forms, documents, and website content, as well as proactively communicate with all participating treasurers and candidates about the updated Program structure,” McGrath said via email. “The Board would also draft regulations, as necessary.”
New candidates and those taking on incumbents — regardless of political affiliation — are likely to face the biggest headaches.
Republican Michael O’Reilly is mounting his third bid for elected office in Queens next year, running for state Senate against incumbent Sen. James Sanders, a Democrat who represents portions of southeastern Queens. O’Reilly ran against Rep. Greg Meeks and was on the ballot as a Republican candidate for state Supreme Court justice in previous cycles.
He said signing up for the state’s new public campaign finance program was a no-brainer.
“I don’t know why anybody would oppose matching funds, whether it’s the Republican candidate or Democrat candidate,” said O’Reilly. “Political campaigns cost money and I think this is a great way of leveling the playing field.”
O’Reilly wasn’t aware that the program might change, and even if it did, he said it likely wouldn’t help him. “I don’t see too many donors in my district above $250.”
Tagged
new york city
Kathy Hochul
new york state
Politics
Brigid Bergin
Brigid Bergin is an award-winning senior reporter on the People and Power desk. She is fiercely committed to telling stories that help people engage and support democracy. In 2022, she hosted a live, ten-week call-in politics show ahead of the midterm elections called The People's Guide to Power. Brigid's reporting in 2017 included some of the first coverage of a political newcomer now known as AOC. In 2016, she broke the news of a voter purge in Brooklyn just days before New York’s presidential primary, triggering city, state and federal investigations. Brigid also guest hosts The Brian Lehrer Show and All Of It. She graduated from the University at Albany and the CUNY Newmark School of Journalism. Got a tip? Email [email protected] or Signal 917-723-4719.
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