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New York City Updates Campaign Finance Laws

New York City Updates Campaign Finance Laws

All 51 seats in the New York City Council are on the ballot this year. Given the power of incumbency and New York City being navy blue, the results of most races are a foregone conclusion. However, due to term limits and vacancies, 10 races are for open seats, with no incumbent running, and a few incumbents are facing tough challengers. Most of the action will take place during the Democratic primaries on June 24th, with a few races left to be decided in the general election on November 4th. New York has closed primary voting, so only registered Democrats can vote in Democratic primaries. Given most races are decided in the primary, registering as a Democrat, regardless of personal political alignment, provides an opportunity to have a voice in how the city is governed.

Once again, voters will rank their choices in order of preference. New Yorkers opted to use rank choice voting in 2019. According to research by Jennifer Horton and Dr. Dakota Thomas, ranked choice voting ensures that the winner of an election with more than two candidates has a majority of public support ; lowers the cost of elections and voter turnout by eliminating the need for runoffs; and creates a more diverse body of elected officials. Detractors of the voting system object because it: could weaken the influence of the two main parties and allow more centrist candidates an easier path, thus diluting the power of very progressive or very conservative politicians and policies; takes more time to count ranked choice ballots, which could lead to a lack of confidence in the results; and is complicated and may deter voter participation.

It is a bit confusing. Each voter lists up to five candidates in order of preference. If no candidate wins more than 50% of the vote, counting continues in rounds. At the end of each round, the last-place candidate is eliminated and voters who chose that candidate have their vote counted for their next choice. In other words, your vote is counted for your second choice only if your first choice is eliminated. If both your first and second choices are eliminated, your vote is counted for your next choice, and so on. This process continues until there are two candidates left.

The candidate with the most votes wins. Many wonder if there is a way to list the candidates other than by preference to give your preferred candidate a better chance of winning. According to Mark Schmitt, who runs the Political Reform Program at New America, the answer is not really. “The only thing I would say, and this is coming up a lot in New York — if there’s somebody who you’d really, really object to, don’t rank them,” he said. That is because if you rank a candidate — even if you rank them last — there’s a chance your vote will get counted for that candidate.

To run a competitive council race in New York City takes a tremendous number of resources. Time, a dedicated team that can craft a winning strategy, and money are essential. In 2017, it cost an average of $244,000 to win an open council seat. New York’s campaign finance laws prohibit candidates from accepting contributions from corporations, LLCs, and partnerships. Individuals are permitted to give up to $1,600 or $1,050 if the candidate participates in the Public Campaign Finance Program (PCFP). Mayor Ed Koch enacted the the program in 1988 to curb the influence of big money in elections and create the opportunity for more New Yorkers to run for public office. At the time, a candidate could receive $1 for each $1 raised.

Today, the match has ballooned to $8 for each dollar raised, up to a maximum contribution of $175 per contributor. In other words, a candidate that receives $175 from an individual donor receives an additional $1,400 from city taxpayers to spend on the campaign. This applies both to a primary campaign and a general election, with each race having a cap of $202,667 for a total of more than $400,000 in public funding. Candidates who raise money in non-election years can also receive money from the PCFP, though not as much. And council races are held every two years. While some lament the increase in public funds has contributed to the escalation in campaign spending, according to the Brenner Center for Justice, “in 2021, the program played an important role in electing the most demographically representative and diverse City Council in the city’s history.” Ms. Taylor of the technical theatre department thinks fund matching is a positive thing, saying, “I think it provides opportunities for representation for people who don’t have the connections.”

Those eligible to vote should learn where their district’s candidates stand on the issues and cast a ballot on June 24th and again on November 4th.

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