NYC Mayoral Candidate Challenges New York City Contribution Limits

The Wall Street Journal reports that Republican mayoral George McDonald has filed a lawsuit that is intended to prevent the New York City Campaign Finance Board (NYC CFB) from taking any enforcement action against his campaign for accepting contributions that exceed the city’s donation limits.

The lawsuit, which was filed today in state Supreme Court in Manhattan, argues that the city cannot force candidates who will not accept public matching funds to adhere to city-imposed contribution limits.  He argues that the applicable limits donation limits are those imposed by the state Election Law.

The difference is an significant one in terms of how much a non-participating candidate like Mr. McDonald can raise from individual donors.  City law caps individual donations to mayoral candidates at $4,950 for both the primary and general elections combined, while state law limits such contributions to $19,700 in the primary and $41,100 in the general election.

In 1975, the State Board of Elections was asked whether a local government could regulate campaign spending.  In Opinion #7 of 1975, the State Board of Elections took the position that state law preempted local law.

Read McDonald’s complaint here.

Common Cause/NY issued a statement in response to the lawsuit.