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After Promising More, De Blasio Explains Limited Voting Reform Push


de Blasio voting distance

De Blasio voting (photo: Ed Reed/Mayor's Office)


On May 31 Mayor Bill de Blasio said that he and partners were “about to launch a major effort” to change state laws governing elections and voting in New York. ”I think people really want electoral reform in this state,” de Blasio told Gotham Gazette at an unrelated press conference. “And there’s a chance to do it, and it’s about creating the pressure needed to achieve it. So, we’re going to be doing a lot in the next few weeks on it.”

In the subsequent days, de Blasio led two telephone town halls on voting reform, but did nothing else publicly. The regularly scheduled legislative session ended in Albany on June 21 with none of the mayor’s desired reforms -- like early voting and same-day voter registration -- passed through both houses of the state Legislature.

A special session called the following week by Governor Andrew Cuomo yielded deals on several issues, including an extension of the expiring mayoral control of New York City schools, but nothing related to electoral reform was on the table, much less in the final package that was passed on June 29.

On May 31, Gotham Gazette asked de Blasio what had happened to his previously promised efforts on voting reform. The mayor responded, “Well, you know plenty about Albany, and this is when things start to happen.” He then promised a campaign.

On June 30, Gotham Gazette asked de Blasio what had happened to the “major effort” he had pledged given only the two tele-town halls.

“Well, I thought it was the beginning of a major effort, and we found quickly, you saw the session was pretty unusual,” de Blasio said during an open question-and-answer session after discussing July 4th-related public safety matters at One Police Plaza. “It was not like any session I can remember. The leaders -- you remember the day the leaders met for the first time, it was astoundingly late in the session. And for a long time, including as recently as Wednesday morning, we thought that very skinny bill that the governor put forward was all that was gonna get through,” de Blasio said, referring to the initial special session proposal Cuomo had made to reach a deal on mayoral control. The package passed wound up being more expansive, including a variety of legislation and funding priorities, but no voting reforms.

The mayor continued: “So, we started an effort that I thought had a real chance to make an impact. We found a situation where the Legislature and the governor were expecting a very limited session. I’m still glad we pushed for it, and we’re gonna be pushing a lot more because it has to happen. To me, it’s an inevitability. Everything in that Assembly package will become the law in New York State, it’s just a matter when. But this was -- I was surprised at how this whole session evolved. I don’t think I can think of anything exactly like it.”

The Assembly package the mayor referred to includes a slate of efforts to make voting easier in New York, which consistently ranks toward the bottom in voter participation among states. The electoral agenda that has passed in the Democratically-controlled Assembly but stalled in the Republican-controlled state Senate includes early voting, same-day registration, an expansion of “automatic” voter registration, combining primary days, electronic poll books, and more.

The agenda is one supported at least nominally by Cuomo, who included a similar electoral reform package in his 2017 State of the State policy book. The governor did nothing publicly, however, to push electoral reform. In April, he acknowledged nothing on the subject had made it into the new state budget, which included a good deal of new policy that the governor had made priority. In June, after the regularly scheduled session, Cuomo was asked about voting reform at a press conference and said to put it in “the loss column,” a reference to a prior comment he made about his wins and losses for the year. (The governor explained he had far more wins than losses this year.)

“[T]here wasn't extensive discussion on it” among himself and legislative leaders, Cuomo admitted June 22, “but it has been opposed for many, many years vociferously, so I wasn't surprised either.” The governor was not explicit about where the opposition has come from, though movement on the bills, or lack thereof, and comments from Assembly Speaker Carl Heastie and Senate Majority Leader John Flanagan have made clear the Senate has bottled up the legislation. Heastie and his Democratic majority have not necessarily made electoral reform a high priority, however.

While de Blasio has also put limited public weight behind electoral reform, he did hold the two tele-town halls, on June 7 and 14, encouraging New Yorkers to call their state representatives to lobby for reform. On the second call, for which he was joined by former Ohio State Senator Nina Turner and Jason Kander, former Missouri secretary of state and current president of Let America Vote, the mayor said there were 15,000 people participating.

Back in January, de Blasio testified before a state legislative hearing on Cuomo’s executive budget proposal. “I am obviously pleased to see election reform in the executive budget.,” de Blasio said in his opening testimony. “I want to thank the Assembly for passing an election reform package last year, including early voting, which is absolutely necessary given the realities of modern lives and people's’ schedule. Early voting and same-day registration are fundamental reforms we need to improve the democratic process.”

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by Ben Max, Gotham Gazette
     

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Massey Drops from Mayoral Race, Clearing Path to GOP Nomination for Malliotakis


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Massey & Malliotakis (photo via Crain's New York Business)


In a move that sent shockwaves throughout the New York political world, Paul Massey, a real estate executive running for the Republican nomination for mayor, abruptly dropped out of the race just hours after a debate with his primary rival, Staten Island Assemblymember Nicole Malliotakis. The move leaves Malliotakis as the clear frontrunner for the GOP nomination.

In a statement released to the press, Massey stated that his reason for dropping out was financial.

“Unfortunately, the cost of running for office is extraordinary,” Massey said, “and I do not see a path to raising the necessary funds to beat an incumbent mayor. I am forever indebted to my family, team and my friends for their support.”

As of the last filing period, Massey had raised $5.75 million for his campaign, more than any other mayoral candidate this cycle, even incumbent Democrat Bill de Blasio; but $2.72 million of it was loans from Massey’s own coffers, much of which he has recouped from his campaign. Massey has also raised eyebrows with his spending, hiring a dizzying array of consultants and campaign hands, depleting his account as fast as he could add to it.

Massey regularly stated that his campaign would never suffer from a lack of funds, so it is not immediately clear what other factors led him to drop from the campaign. He had struggled to gain momentum, often showing his lack of experience in running a political campaign and lack of knowledge about city government and policy. He attempted to sell himself as a “non-political” “independent-minded” businessman in the Michael Bloomberg mold.

Malliotakis, who has been endorsed by the Conservative Party, now appears a lock to receive the Republican ballot line for November and take on de Blasio in the general election. Private investigator Bo Dietl, running as an independent, also appears like he will make noise in the general, given his outsized personality and ability to raise money. There will also be other smaller party nominees.

De Blasio is a heavy favorite the Democratic primary, where his main competition is from Sal Albanese, a former City Council member, and Bob Gangi, a police reform advocate. The mayor would also enter the general election as a heavy favorite. (Albanese has won the Reform Party line and will appear on the November ballot no matter the outcome of the Democratic primary).

Even before Massey’s departure from the race, Malliotakis had racked up a variety of endorsements, including from most of her fellow Staten Island elected officials, who trend Republican in this largely Democratic city, and from 2013 Republican mayoral nominee Joe Lhota, among others.

Massey had won the endorsement of the Independence Party; it is unclear what the party will do for November. Frank MacKay, the Chair of the Independence Party, did not respond to a request for comment.

Massey had released several policy papers on transportation, infrastructure, public safety, and education, although he often showed discomfort with discussing policy on the campaign trail. Malliotakis, who entered the race much later than Massey, has not produced any policy papers, but, as an experienced politician, has appeared more comfortable campaigning and, as an elected official, has shown more command of the issues.

At the debate that took place just hours before Massey dropped out, the candidate claimed that much of the “rank-and-file” of the NYPD don’t believe that crime is at historic lows. He then claimed, without any evidence, that “some of our city’s greatest authorities on public safety are saying the numbers are being fudged.”

The unsubstantiated accusation dominated a press gaggle with Massey afterwards. When Gotham Gazette asked for evidence to back up the claim, Massey avoided specifics, referring to his source for this information as “people on the street.”

“The people I’ve talked to out there are saying the numbers might be fudged,” he said. “They are concerned about the fact that our rank and file don’t feel safe themselves, that our rank and file don’t believe in the policies of the police.”

Malliotakis referred to the claim as “irresponsible” and “offensive.”

Greg David of Crain’s New York Business, the debate moderator, asked Massey and Malliotakis to present campaign slogans. Massey’s slogan was “New York Proud Again,” which received a chilly reception, perhaps due to its similarity to President Donald Trump’s “Make America Great Again.” Trump is widely unpopular in the city; a recent Quinnipiac poll showed Trump having a 74% disapproval rating within the five boroughs.

“Again is a very interesting word that’s been used recently,” he said, “but it paints the picture that we have been proud before, we have been a great city.” Both Massey and Malliotakis have been unwaveringly critical of de Blasio, saying that he has been a terrible leader for the city and has it headed for doom.

Malliotakis’ slogan, “Get New York City out of the hole, so vote for Nicole,” elicited laughter from the audience.

Malliotakis said at the debate that her campaign is focused on quality of life issues in the city. She repeatedly railed against de Blasio for a lack of leadership, especially with regard to the meltdown of the city’s subway system. She also talked about lowering property taxes, raising the speed limit on some roads, reducing the city budget, and other more typically conservative stances on policy.

Malliotakis was asked by reporters about her support for Trump, whom she said she voted for in the general election after having supported Marco Rubio in the GOP primary. Malliotakis said she did not plan to seek Trump’s endorsement and insisted the race is about local issues, criticizing de Blasio for an ambition to be a national progressive leader.

In a statement responding to Massey’s departure from the race, Malliotakis recognized the clear path to the GOP nomination she now has.

"Today’s decision by Paul Massey clears the field in the race for Mayor,” the statement read. “I will now be able to focus all my energies on defeating Bill de Blasio in the November election. Whether it’s yesterday’s A train derailment, our failing schools or an out of control homeless crisis, I will take these issues to the Mayor. I will challenge him on how he is running New York City into the ground and slowly returning it to the bad old days of the 1970s and 80s.”

Malliotakis embraced her status as the presumptive Republican nominee and continued her focus on the incumbent mayor, stating that de Blasio, who dodged questions from reporters on the derailment of an A train in Harlem on Tuesday, “won’t be able to run from me.”

Malliotakis was gracious towards Massey, calling him “a gentleman... who cares a great deal about” the city. “I wish him well in the future,” she said.

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by Ben Brachfeld, Gotham Gazette

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High Participation in Campaign Matching Funds, But Several Big Name Opt-Outs


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Council Member Kallos (photo: City Council)


As the September 12 primary elections approach and campaigns kick into high gear, a vast majority of candidates for the city’s elected offices will have their coffers bolstered by the Campaign Finance Board’s (CFB) public matching funds program, which matches eligible donations at a 6-to-1 ratio.

Most candidates, but not all. According to data provided by the CFB, 14 of 51 incumbents this cycle are not participating in the program, which was created by the city in 1988 in part to allow challengers to compete on a more level playing field with incumbents, who are usually better able to raise money. The deadline for certifying in the matching program was June 12, three months before primary day, September 12. There will be 51 City Council, five borough president, and three citywide seats on the ballot this fall.

While there are several prominent elected officials not participating, there is plenty of good news for the program at large. ”Overall participation rate remains very high this cycle,” said Campaign Finance Board spokesperson Matt Sollars. “In fact, it may end up higher than in 2013 when 79 percent of all registered candidates participated in the program.” Current participation stands at 82 percent of all candidates.

Supporters of the program contend that it both incentivizes political participation from potential candidates that are not independently wealthy and do not have the connections and fundraising chops of others, especially incumbents, and it incentivizes incumbents to focus their efforts on courting large numbers of possible donors from their own constituencies as opposed to going after a few big-dollar contributions.

To qualify for the matching program, candidates must hit contribution and contributor thresholds and are subject to stringent spending caps. For example, participants running for City Council must raise contributions of $10 or more from 75 donors in their district and $5,000 in the matchable portion (the first $175) of contributions from any city resident. Participants are limited to spending $49,000 in out-years – the years preceding the election year – and $182,000 for each the primary and general election. Funds spent in excess of the cap during off years are counted against the election year caps.

Gotham Gazette reported in April that 10 City Council incumbents had surpassed the out-year limits and several were not planning to participate in the matching program. Of these, eight – Corey Johnson, Mark Levine, Andy King, Peter Koo, Jimmy Van Bramer, Brad Lander, David Greenfield, and Jumaane Williams – ultimately are not using the program in their reelection campaigns.

At least four of them have been open about their desire to replace term-limited Melissa Mark-Viverito as Speaker of the City Council, a separate campaign in its own right, albeit one that courts fellow Council members as opposed to district constituents. This usually involves hiring consultants and campaign staff, and occasionally making contributions to Council colleagues and other influential figures, all as part of the cycle’s overall raise and spend efforts.

Council Member Costa Constantinides surpassed the off-year spending cap, with just over $64,000 in spending, but is still a participant in the program. Council Member Julissa Ferreras-Copeland, who spent over $269,000 in off-years and had been considered a front-runner in the Speaker race, announced recently that she is not running for reelection.

Told of his colleagues’ reticence to participate, Council Member Ben Kallos, chair of the Governmental Operations Committee and one of the matching funds program’s most steadfast defenders, expressed frustration and said he was “surprised to see so many elected officials not taking part.”

“Those public dollars are there to incentivize elected officials, perhaps more importantly than candidates, to take small-dollar donations instead of the more corrupting checks for $2,750,” he said, referencing the individual donation contribution limit for City Council races.

A Gotham Gazette analysis of campaign finance data found that the three Council candidates who have received the most max contributions of $2,750 this election cycle -- Greenfield, Van Bramer, and Johnson -- are also not participating in the program. Greenfield, who has spent a total of over $350,000 this election cycle – partly to air a weekly radio program – has received the most: 163, well over double the next highest amount of max donations to a Council candidate.

A spokesperson for Greenfield said, in an emailed statement, “the out-year limits make it impossible for elected officials in leadership positions in the Council, including over a dozen Council Members seeking re-election, to participate.” While Greenfield is chair of the powerful Committee on Land Use, it is not clear why it was necessary to spend over six times the off-year limit, a limit adhered to by, for example, Deputy Leaders Deborah Rose and Ritchie Torres, who are both running for reelection.

Five Council incumbents – Andrew Cohen, Rafael Salamanca, Jr., Rory Lancman, Daniel Dromm, and Rafael Espinal – did not hit their spending caps but still opted not to participate in the program. Brooklyn Borough President Eric Adams similarly did not hit his off-year spending cap – which for borough president races is $146,000 – but did not opt in to the program.

A Gotham Gazette analysis of campaign finance data, based on the zip codes of the neighborhoods that the Council members represent, found that Cohen and Salamanca do not appear to have yet hit the district contributor threshold of 75 individual donors in this election cycle. Matt Sollars, a spokesperson for the CFB, stressed that the threshold does not need to be met as of yet, but until the candidates begin receiving public payments in August, after the ballot is set.

Lander, Cohen, and Dromm do not have registered opponents. While payouts from the program require candidates to have an opponent on the ballot, candidates can still join in anticipation of incoming challengers.

According to Kallos, any step back in participation is “a side effect of not having proper incentives.”

To create some of these incentives, last year he introduced a bill, Int. 1130, that would increase the public funds disbursement cap, currently 55 percent of the spending limit, to the full amount of the spending limit. This would mean that if a candidate raised enough funds from their constituency, they could receive matching funds that would bring them to the full spending limits for the primary and general elections – $182,000 each for Council candidates, more for borough and citywide offices. The bill is currently in committee – if it were to pass it would not be in effect for this city election cycle.

No candidates have yet hit election year spending caps for program participation; the Council incumbent closest to the cap is Corey Johnson, who has spent $121,174 so far this year, but he is not a participant in the program.

Council Member Williams defended opting out of the program, saying that he didn’t need the funds and “you don’t always want to spend the public’s money if you don’t have to.” He also drew attention to his candidacy to the Speaker role, and argued that part of the problem was “no allotment for that,” and mentioned the possibility of a legislative fix.

According to Sollars of the CFB, participants in the program can elect to turn away payments if they don’t feel that they need them, a strategy that was employed by several officials in the last cycle.

“I don’t intend to spend more than the cap anyway,” Williams said, adding “I fully intend to make sure I have the small donor amounts that I would have if I was taking public funds.”

One source familiar with the Council and the CFB system who spoke on the condition of anonymity pointed to a bill passed last year by the Council, Local Law 189, as a potential dissuasive force to candidates entering the program. The law standardizes a process for transferring campaign funds between "political" and "principal" committees, essentially allowing candidates to roll campaign funds from one election into the next and effectively enabling them to build up large campaign war chests over time.

Aside from Brooklyn's Adams, the other four borough presidents, all also seeking reelection, have opted in. As have the three incumbent citywide elected officials: Mayor Bill de Blasio, Comptroller Scott Stringer, and Public Advocate Letitia James. Republicans seeking those positions, even some who have criticized the public campaign finance system in the past, are also participating.

The CFB, for its part, is happy with the overall triumph of its initiative. “This outstanding participation rate demonstrates the strength of New York City's small-donor matching program to encourage more fair and equitable city elections,” said Executive Director Amy Loprest in a statement.

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by Felipe De La Hoz, Gotham Gazette
     

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