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Judge Strikes Down Legislature's Scheme to Enact Publicly Financed Campaigns

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Image of the New York State Capitol building in early morning fog
New York State Capitol
File Photo

New York’s newly enacted system of publicly-financed campaigns was struck down on Thursday by a state judge, who said the Legislature had crossed a line when it ceded its power to a special commission to come up with the new rules.

Niagara County Supreme Court Justice Ralph Boniello wrote in his decision that the Legislature had acted unlawfully when it allowed the commission to repeal, and create, laws.

“In this case, the court finds that the Legislature, clearly and unequivocally, empowered the commission to legislate new law and repeal existing statutes,” Boniello wrote. “The line between administrative rule-making (which can be delegated) and legislative action (which cannot be delegated) has clearly been transgressed.”

The decision is the result of two lawsuits brought against the commission by the Working Families Party and the Conservative Party — two opposite sides of the political spectrum that both agreed to challenge the panel’s work.

It’s unclear what the path ahead will be for Democrats who want to enact a system of publicly financed campaigns.

Lawmakers could choose to codify the commission’s into law, essentially doing what Boniello said they should have done in the first place. They could also seek an appeal of the decision, but their spokespeople didn’t respond to requests for comment Thursday.

Read the full decision: