ALBANY — Lawmakers are gearing up for an early return to the state capital if a commission they created moves to do away with cross-party nominations, multiple sources told the Daily News on Thursday.
The Public Campaign Financing Commission is charged with creating a $100 million public matching funds program for state elections and potentially addressing fusion voting, which allows candidates to appear on the ballot line of more than one party.
The panel, whose creation was crammed into the state budget after pols failed to reach an agreement on campaign finance, has until Dec. 1 to announce rules that become law unless pols return to the capital for a rare end-of-year special session to reject or change them.
“We’ve been told to keep December open,” one Democratic lawmaker told The News.
Two other Dems said they expect to spend some extended time in the capital before the new year.
Lawmakers were wary of using their names as legislative leaders in the Democratic-controlled Assembly and Senate haven’t formally instructed their members to cancel holiday plans.
But both conferences just so happen to have meetings already planned in Albany in December.
“As always, our annual Democratic conference retreat will be in early December,” said Michael Whyland, a spokesman for Assembly Speaker Carl Heastie (D-Bronx).
Fusion voting is primarily used by third parties like the Working Families and Conservative parties to cross-endorse major party candidates. Supporters believe the commission could be used to cripple third parties in the state.
Sen. Zellnor Myrie (D-Brooklyn), the chair of his chamber’s Elections Committee, submitted testimony to the commission last month arguing that it simply doesn’t have the authority to weigh in on the controversial topic.
“There is no credible nexus between creating a public financing system and fusion voting,” Myrie said. “Any attempt to link public financing and fusion voting leaves the commission open to criticism that the inclusion of fusion voting is at best a political act, and, at worst, a political act of retribution.”
Gov. Cuomo and his aides have repeatedly said he has no opinion on fusion voting, but critics claim otherwise.
The governor has had rocky relationship with the union-fueled Working Families Party lately. Last year, the party backed the gov’s Democratic primary challenger, Cynthia Nixon, before placing his name on their line in the general election.
One of Cuomo’s appointees to the panel is state Democratic Committee chairman Jay Jacobs, a vocal opponent of fusion voting.
Both the Working Families and Conservative parties have filed separate lawsuits challenging the authority of the committee.
Further complicating matters, Cuomo holds veto power over any changes made by the Dems should they reconvene for a special session, but Republican cooperation in overruling the governor is unlikely.
“The question is whether the Senate Democrats will stand with us in protecting taxpayers against public campaign finance and in our steadfast support of fusion voting,” Senate Republican spokeswoman Candice Giove said.
Assemblyman Robert Carroll (D-Brooklyn), one of only a handful of Democrats who voted against the budget bill in protest of the commission, said he would rather scrap the panel altogether and take up campaign finance reform in the legislature — either in December or next year.
“I don’t question the committee on fusion voting, I question all of its authority. I think its authority is much too broad,” he said. “I think that there’s no way to bring transparency and openness to government via an undemocratic, closed-door committee.”
