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Minor Parties Rebuke NYS Commission Approval of New Tougher Ballot Thresholds

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Minor party candidates in Syracuse and across the state will have an even harder time gaining traction under new rules proposed by the state’s public campaign finance commission. Gloria Mattera is co-chair of the Green Party of New York State.

"Basically this was an attempt to assassinate smaller parties."

         

The new threshold for maintaining ballot status jumps from 50,000 to 130,000 votes in a gubernatorial election. 

"If a smaller party like the Green Party is unable to attain that, and we have to get our candidates on the ballot through an independent nominating petition, it's now quadrupled from 15,000 to 45,000.  That was never discussed in the commission.  They were over-reaching."

Stanley Fritz with Citizen Action says the commission's move was a bit of a surprise.

"There's never been a push to change the ballot threshold for third parties or the petition signatures for independent parties.  That was 100 percent the governor's doing."

Government watchdog groups and minor party leaders say the commission is working on behalf of the governor, whom they accuse of trying to consolidate power by eliminating competition.  The commission’s recommendations now go to the legislature.   The Green Party’s Mattera says members and supporters will be reaching out to lawmakers.

"The legislature has to step up, call a session, and basically kill this.  This is not something voters want."

Mattera says polls consistently show that voters want MORE choices.  She says the progressive minor parties over the years have influenced decisions on everything from banning hydrofracking and passing a $15 hourly minimum wage to campaign finance reform and better health care.

 "Third party candidates who come independent politically and financially of the two party cartel do make a difference, whether it's pushing legislators in a certain way, or more importantly being part of and helping to lift up social movements that have to be talked about."

Citizen Action’s Stanley Fritz questions the democratic majority’s commitment to social and economic justice issues if lawmakers agree with the commission’s recommendations.

"If you look at the way democrats in particular have changed they way they look at issues, talk about issues, and approach things, I would say the Working Families Party has been very successful.  I don't understand how anyone can call themselves a progressive and then support something that obviously undermines the flagship progressive party in New York State."

The commission’s decisions become law at year’s end unless the legislature acts. 

More details on the commission's recommendations are below in Capitol Correspondent Karen DeWitt's report.

The state’s public campaign finance commission voted on a package of bills that would enact a public matching donor program, and put strict new limits on the abilities of minor parties to qualify to be on the ballot. The meeting was at times interrupted by protesters, who compared the commission’s’ actions to that of President Donald Trump, and some government reform groups say they can’t support the final product.  

The commissioners , by a vote of 7 to 2, approved a plan to allow a matching small donor program for state officeholders, saying they believe it will be “effective and workable”.

Commissioner Jay Jacobs , who was appointed by Governor Andrew Cuomo, and is also the head of the state’s Democratic Party, served as defacto chair.  He called it a “tremendous starting point”.

But the system approved converges in some significant ways from New York City’s long running and largely successful system.

Donation thresholds will be higher than for New York City Mayor. Candidates for the governor’s office can receive donations of up to $18,000. But only donations of $250 or less will qualify for matching funds at a rate of six dollars for every one dollar contributed. Candidates for governor , lieutenant governor, attorney general and comptroller can receive donations eligible for matching funds from all over the state. 

But candidates for state Senate and Assembly will only be allowed to receive public matching funds from donors who live in their district.

The earliest the program can take effect, says the commissioners, is more than 6 years from now, in 2026, two years after the next governor’s race is held in 2022.

Audience members, many of them from government reform groups, loudly voiced their disagreement with the proposal, saying it’s designed to help incumbents and  hampers democracy.

Shame on you!” they shouted, as commissioners threatened to clear the room.

But the loudest protests came when the commissioners voted to make it harder for minor parties to qualify for the ballot. Instead of 50,000 votes in the race for governor, held every four years, parties other than the Democratic and Republican parties will have to requalify every two years, and will have to receive either 2% of the total vote count or 130,000 votes in a presidential year, 140,000 in a gubernatorial year, whichever is lower.

Protesters accused Jacobs of working for “boss Cuomo”, and commissioners of acting like Donald Trump. 

Jacobs says legitimate parties won’t have a problem meeting the new threshold.

We are not looking to target any particular party,” Jacobs says, as the crowd grumbled. “Any credible party, and I think we can agree on which are the credible parties, are going to meet these thresholds.” 

And he says he’s worried that with the taxpayers funding the matching system, too many parties could cost too much money.

We have to watch the public fisc,” Jacobs said.

Members of the left leaning Working Families Party , who have been feuding with Cuomo, say the governor is just trying to get rid of them,  something Cuomo denies.

Instead of designing a strong system of public financing of elections, this commission has designed a weak one, as a cover for a politically motivated attack on the Working Families Party,” said Working Families Party spokeswoman Monika Klein.

In a tweet, the party’s executive director, Bill Lipton said “this is a power grab by @NYGovCuomo and his allies to consolidate power and weaken independent progressive political organizing. The result is that New York will be the most hostile state in America to minor parties — if the changes hold up to legal scrutiny.”

A senior advisor to Governor Cuomo, Rich Azzopardi, called the WFP’s concerns “paranoid rants”, and said only two of the nine commissioners were appointed by Cuomo.

The commission members reversed their votes three times within the four hour meeting, including on another  proposal to make it more difficult for minor parties to win a spot on the ballot.

That proposal would increase the current requirement of 15,000 signatures for nominating petitions   by three times that amount, to 45,000 signatures. It was initially voted down. Commissioners then proposed alternative higher thresholds, including 25,000 or 30,000 signatures, which were also voted down.

But after a 20 minute break, commissioners returned and held a second vote to up the signature threshold to 45,000, and this time it passed.

Commissioner John Nonna, an appointee of Assembly Speaker Carl Heastie, says the proposal needed to be reconsidered, because without its approval, the entire campaign finance package might fail in the final vote.

In the break it became my view, from the discussions I’ve had that this whole package for campaign finance may fall apart if we do not go with the original recommendations,” Nonna said. 

The commission’s work is being challenged in court by the Working Families Party, the Conservative Party, and republicans in the senate and assembly.

The Conservative Party, which is the only minor party that would still be granted automatic ballot access under the changed rules said in a statement that its “principles get in the way of any celebrating”.

We continue to believe that Governor Cuomo's commission lacks the constitutional authority to make law -- only a duly elected legislature can do that,” said Party Chair Jerry Kassar. “And we remain philosophically opposed to taxpayer funded political campaigns.”

A coalition of pro- public campaign finance groups, known as the Fair Elections Coalition, condemned the commission’s work, saying it is fatally flawed. 

Alex Camarda, with the government reform group Reinvent Albany, says his organization , which is a member of the coalition, can’t support the commissions’ final plan, calling it a "historic missed opportunity." But he says it’s not all bad.

It does still advantage incumbents, because they can raise large contributions,” Camarda said. “But at the same time just creating a public financing program does help candidates to compete against incumbents.”

The commission’s final report is due by December 1st.  If the legislature does not act to change it the recommendations become law by the end of the year.

The Fair elections Coalition says lawmakers need to return to the Capitol before then and come up with a better plan.

Scott Willis covers politics, local government, transportation, and arts and culture for WAER. He came to Syracuse from Detroit in 2001, where he began his career in radio as an intern and freelance reporter. Scott is honored and privileged to bring the day’s news and in-depth feature reporting to WAER’s dedicated and generous listeners. You can find him on twitter @swillisWAER and email him at srwillis@syr.edu.