The talk in New York today is all about Mayor Bloomberg’s decision to seek a third term, which would require an amendment to the two-term limits law to open the way.  If the proposal to permit current office holders to run for third terms in 2009 is adopted, there likely will be a scramble down the ballot as current aspirants for higher office reconsider and choose instead to seek re-election.  As they do, they will encounter lower spending limits for the offices they seek.

New York City’s spending limits won’t be an impediment in a Bloomberg re-election campaign.  As before, he will likely run without limits by opting out of the voluntary public financing program.

But for other candidates, the decision to abide by spending limits may turn on whether their prior campaign spending (in anticipation of seeking an open seat in a higher office) will now be counted against a lower limit applicable in an unanticipated re-election campaign.  If so, there will be a great incentive for these candidates to opt-out as well. Like Mayor Bloomberg, these candidates would then run without spending limits.

When candidates choose to run without spending limits, the law provides that their participating opponents may qualify for increased public funding and an increase in their spending limits.  In such contested races, where the spending limit is effectively nullified, a higher level of private and public campaign financing will be likely.

As emphasized in today’s New York Times editorial, part of the rationale for repealing term limits is that New York has a “strong public campaign-finance system” sufficient for giving “voters the ability to choose between good politicians and bad.”  To sustain the system’s strength, in the face of a term limits repeal, steps will be needed to ensure that the incentive to choose to abide by spending limits remains strong.

In today’s New York Times, partner Laurence Laufer discusses legal issues in enacting Mayor Bloomberg’s proposed change in New York City’s term limits.

Yesterday, Governor Jon Corzine signed four executive orders.  Click here for Genova Burns & Vernoia’s thumbnail summary of the new contribution restrictions in relation to New Jersey State procurement contracts and redevelopment agreements (Executive Orders 117 and 118).  The new restrictions will apply to contributions made on and after November 15, 2008.

Governor Jon Corzine issued three executive orders and a legislative reform package today that addresses pay-to-play, “wheeling,” campaign finance, financial disclosures and other reforms.

Currently, the following laws regulate pay-to-play restrictions and reporting: 1) Chapter 51; 2) Chapter 19; 3) Chapter 271; and 4) Local ordinances enacted by various county and municipal governmental entities.

Stay tuned for our analysis.

Talk of changing term limits in New York City continues. The New York Sun reported today that the City’s Campaign Finance Board has begun to draft a plan for dealing with term limits changes.

A month ago, we discussed some of the ramifications a term limits change or repeal would have for campaign finance requirements. Ultimately, will the City Council weigh in on the ground rules or will it just defer to the CFB’s soon-to-be-announced plan?

A key issue under any campaign finance reform is whether the ground rules enable credible candidates to run competitive campaigns. At times the direction a reform will take is shown in the legislation. But more often there are twists and turns that are revealed only in the course of implementation.

Thus, it can be instructive to probe a bit when reform takes a U-turn, when there is no legislative instruction to do so. Read more »

In the last decade, competitiveness in New York City elections has increased substantially. The “chicken and egg” question has always been: was term limits or enhanced public campaign financing the key reform?

Now comes talk of legislative change or repeal to the two-term limit for NYC officeholders. Should the 36 currently term limited NYC office-holders gain legal permission to seek re-election in 2009, what will be the campaign finance ramifications? Read more »

The New York City Campaign Finance Board recently published proposed amendments to its rules pursuant to changes contained in Local Laws 34 and 67 of 2007.

The public is invited to submit comments by September 22, 2008 - the date of the public hearing on the proposed amendments.

Most contribution limits are set in relation to an election, an election cycle, or a precise time period (such as a calendar year). In contrast, New York City’s doing business limits revolve around when a person or entity is considered to be “doing business” with the City of New York, a variable time period that varies further according to the category of business dealings. But even that is an over-simplification.

Read more »

The third phase of NYC’s “doing business” contribution limits is scheduled to go into effect before the end of the year.  Indeed, these final components of the “doing business database” must be certified by December 1, 2008; otherwise, the DB limits will not triggered by these business transactions during the 2009 citywide elections. Read more »