New York, NY – Elections could get more competitive for incumbent politicians in city politics under a new bill to kill zombie committees and give war chests back to the tax payers proposed by Council Member Ben Kallos. Tens of millions of dollars sit dormant in political accounts amassed in war chests by incumbents to scare away and defeat challengers then remain like zombies as a personal piggy bank for term limited or disgraced politicians who have lost office. 

 

Candidates participating in the city’s campaign finance system would be required to run for a specific office in a specific year and after the election return all remaining funds to the taxpayers. The legislation would also repeal Local Law 189 of 2016 that allowed non-participants to transfer old contributions in future elections without getting explicit written permission from donors thereby eliminating incentives for incumbents not to participate so they can otherwise war chest.

 

According to financial analysis from the Campaign Finance Board the estimated remaining balances from participating campaigns after public funds repayments are:

• $2,619,463.67 in 2009

• $2,007,682.90 in 2013

• $2,075,230.93 in 2017

Under the legislation, going forward this money would be repaid to tax payers with the campaigns closed following the election.

 

“Let’s kill all the zombies, give war chests back to the tax payers, so incumbents are forced to do their jobs, and elections get more competitive,” said Council Member Ben Kallos. “Incumbents shouldn’t need a war chest, the best protection comes from working hard and doing your job.”

 

The Federal Elections Commission recently set a July 3 deadline for zombie campaigns for candidates that have been out of office for a quarter century or even deceased to disclose whether they intend to shut down. The city legislation follows state legislation introduced in January of 2019 by State Senator Todd Kaminsky and Assembly Member Judy Griffin that requires campaigns to be closed upon a lawmaker’s felony conviction. Council Member Kallos previously testified in 2018 to the Mayor’s Charter Revision Commission on Democracy requesting they put this proposal before the voters.

 

Int. No.

 

By Council Member Kallos

 

A LOCAL LAW

 

To amend the administrative code of the city of New York in relation to the transfer of campaign funds and the

 

termination of authorized committees

 

Be it enacted by the Council as follows:

 

Section 1. Paragraph (a) of subdivision 14 of section 3-703 of the administrative code of

 

2. the city of New York, as amended by local law number 189 for the year 2016, is amended to read

 

3. as follows:

 

4. (a) Transfers that a principal committee receives from a political committee (other than [an

 

5 authorized  committee filing contemporaneous  disclosure statements with the board  in a timely

 

6. manner] another principal committee) at any time during an election cycle shall:

 

7. (i) be attributed to previous contributions in accordance with the duly promulgated rules of

 

8. the campaign finance board applicable to such transfer or use;

 

9. (ii) exclude an amount equal to the total of:

 

10. (A)  such previous   contributions, or  portions thereof, that   violate the limitations,

 

11 restrictions, or prohibitions of the charter and this chapter applicable in the covered election for

 

12. which the principal committee is designated; and

 

13. (B) such previous contributions, or portions thereof, for which the principal committee has

 

14 not  obtained  and submitted  to the board, prior  to receipt of the transfer,  evidence of the

 

15. contributor's intent to designate the contribution for such covered election, and any other record,

 

16. as determined by the rules of the board; and

 

17 § 2. Subdivision 1 of section 3-703 of the administrative code of the city of New York is

 

18 amended by adding a new paragraph (p} to read as follows:

 

1 (p) terminate any authorized  committee authorized by the candidate that is not the

 

2. candidate's  principal committee  for the election covered  by the candidate's certification.   All

 

3. remaining  funds held by an authorized  committee must be paid to the New  York city campaign

 

4. finance fund established in subdivision one of section 3-709 upon termination of such committee.

 

5. § 3. This local law takes effect 1 year after it becomes law.