This month, we discuss Ognibene v. Parkes,1 in which the U.S. Court of Appeals for the Second Circuit rejected a constitutional challenge to the three principal provisions of New York City’s political campaign finance and lobbying laws. The court’s opinion was written by Judge Paul A. Crotty of the U.S. District Court for the Southern District of New York, sitting by designation. Judge Guido Calabresi wrote a concurring opinion. Judge Debra Ann Livingston wrote an opinion concurring in part and concurring in the judgment. In its opinion, the court considered several recent campaign finance precedents, including the Supreme Court’s landmark (and controversial) decision in Citizens United v. Federal Election Commission, 130 S. Ct. 876 (2010), and concluded that the challenged provisions of New York City’s campaign finance laws—designed to prevent the appearance of corruption from so-called “pay-to-play” contributions—were constitutional.

Background

New York City’s campaign finance laws have undergone a series of changes over the last few decades. In 1998, the New York City Council, New York’s law-making body, passed the Campaign Finance Act (CFA), which imposes contribution limits and disclosure requirements on all candidates for elective office in New York City. The CFA also established the Campaign Finance Program. Administered by the Campaign Finance Board, the Campaign Finance Program provides public matching funds to participating candidates, who in turn must agree to certain limitations on the amount of money they can spend on their candidacies.

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