New York State’s Public Campaign Finance Program: The Costs of an “Uncompetitive” Race
By: Joseph T. Burns and Avi Zagelbaum
Under New York State’s generous public campaign finance program, candidates can be eligible for up to $3,500,000 in public funding for statewide races, $375,000 for state senate races, and $175,000 for state assembly races. These amounts are available for both primary and general election contests, allowing, for instance, gubernatorial candidates to receive as much as $7,000,000 in public funds for their campaign.
The funds are awarded on a matching basis, depending on the race and the amount donated. For statewide races, up to $250 is matched at 6:1 ratio. For state legislative races, the first $50 is matched at a 12:1 ratio, the next $100 is matched at a 9:1 ratio, and the next $100 is matched at a 8:1 ratio. These amounts apply separately to the primary and general elections.
While most campaign managers may hope that their candidate will have an uncontested campaign or a weak opponent, these generous levels of public matching funds are limited to “competitive elections.” Therefore, unless the candidate can establish that their opponent is competitive as defined by the Election Law and New York Public Campaign Finance Board regulations, the campaign will be limited to 25% of the total possible matching funds.
Candidates are automatically considered competitive if their opponent qualifies for matching funds. Candidates are also deemed eligible if their opponent self-funds with at least $500,000 for a gubernatorial race, $100,000 for an attorney general or comptroller race, $12,000 for a state senate race, or $6,000 for a state assembly race.
Should candidates in the program not face an opponent who qualifies for matching funds or one that self-funds, the burden falls on the candidate to prove that his or her opponent is a competitive candidate. To prove that their opponent is in fact competitive, candidates are required to demonstrate to the Public Campaign Finance Board that their opponent meets one of the other criteria to be considered a competitive candidate. For example, this could mean showing that the opponent has the endorsement of a current or former statewide elected official. Or it could mean showing that the opponent has the endorsement of certain membership organizations (one membership organization for state legislative races and three for statewide races). It may also mean showing that a close relative of the opponent currently or has recently held elective office.
For candidates in New York State’s public campaign finance program, proving that your opponent qualifies as a competitive candidate and unlocking the full amount of public funds for your campaign can alter the trajectory of a race. A difficult, underfunded campaign can instantly become a well-funded, competitive one. Understanding the nuances and pitfalls in New York’s public campaign finance program isn’t easy. Candidates participating in the program, as well as political consultants working for candidates in the program, should seek advice from experienced legal counsel as they move forward with their 2026 campaigns for statewide or state legislative office.
