State of Elections

William & Mary Law School | Election Law Society

Tag: NY

New York, Fusion Voting, and Gary Johnson – What’s an Independence-Libertarian to do?

By: Caiti Anderson

There is no state quite like New York – and not many election laws quite like New York’s, either. As one example, only New York and six other states permit fusion voting. On a fusion ballot, a candidate can be listed as candidate for more than one party. Fusion voting, as noted the 1997 Supreme Court decision of Timmons v. Twin Cities Area New Party, had its heyday during the Gilded Age. Political parties, rather than governmental entities, distributed their own ballots to voters but did not affirmatively tell voters what other parties endorsed the same candidate(s) they supported. Thus, Candidate Smith could be supported by both the Granger and Republican parties, but those who voted the Granger ballot would not necessarily know from the ballot the Granger party handed them that the Republican Party also supported Smith.

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The Big Apple and Big Money: Matching Public Funds in New York City

By: Caiti Anderson

It seems that New York politicians can’t catch a break – or they just can’t stop getting caught for their indiscretions. Celia Dosamantes, a 25-year-old rising star in Queens, learned this the hard way. Arrested on September 7, 2016, Ms. Dosamantes allegedly forged campaign donations to receive the 6-for-1 matching funds during her failed 2015 run for City Council. While other news organization will surely cover Ms. Dosamantes scandalous trial, New York City’s unique and progressive campaign finance laws stand at the center of this story, and deserve recognition.

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NY Loophole Allows Individual’s $4.3 Million in Direct Contributions, Part II

By: Dan Carroll

As detailed in a recent State of Elections post, a misguided 1996 New York State Board of Elections (BOE) decision treating limited liability companies (LLCs) as individual people rather than corporate entities. The decision allows LLCs to directly contribute up to $60,800 to an individual candidate for statewide office while traditional corporate entities are limited to $5,000 in aggregate contributions to all candidates in a year. LLCs need not disclose the identities of their founders, membership or officers, so their political activities are difficult to link to their funders.

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