1.   Plaintiffs bring this declaratory judgment action against Defendants seeking a determination that Part XXX of the Laws of 2019, Chapter 59, Bill No. S01509C (‘Statute’), enacted by the New York State Legislature (“Legislature”) with the approval of the Governor, creating a public campaign financing and election commission is unconstitutional.  Part XXX (“Statute”) creates a commission entitled Public Campaign Financing and Election Commission of the State of New York (“Commission”), which is comprised of nine individual commissioners appointed by the Governor and the Majority and Minority leaders of the Assembly and the Senate…. A determination made by a majority of the Commissioners will have the force of law and will supersede any inconsistent provision of the Election Law, unless the Legislature affirmatively repeals or amends by statute the law enacted by the Commission.

2.   The enactment of the Statute and the creation of the Commission are in violation of the Constitution of the State of New York (“Constitution”)…Accordingly, Plaintiffs seek a judgment declaring that: (1) the Statute violates the Constitution because it improperly delegates to the Commission the core legislative function of creating, repealing, and amending basic provisions of New York statutory law (e.g., the Election Law); (2) the Statute violates the Constitution because it authorizes the creation of law by the Commission without requiring an equivalent legislative act to repeal an act of the Legislature;…

15.    Defendant Governor is head of the executive branch of the government of the State of New York.  The Governor’s powers and duties are expressly set forth in the Constitution.  The Governor approved the Statute that created the Commission and has appointed commissioners thereto.

16.    Defendant Assembly is a house of the Legislature empowered under the Constitution to exercise the legislative function.  The Assembly adopted the Statute.

19.    Defendant Senate is a house of the Legislature empowered under the Constitution to exercise the legislative function.  The Senate adopted the Statute.

C.  The Constitution

43.  Article III Section 1 of the Constitution sets forth the power of the Legislature and states that “[t]he legislative power of the state shall be vested in the senate and assembly”

44.  Article III, Section 13 of the Constitution further states that “no law shall be enacted except by bill.”

45.  Article III, Section 14 of the Constitution further states that “no bill shall be passed or become a law…except by the assent of a majority of the members elected to each branch of the legislature.”

D.  The Statute is Unconstitutional

46.  Pursuant to the Constitution, the Legislature may not delegate its lawmaking power to an administrative agency.

48.  The Statute is unconstitutional as it delegates to the Commission the core legislative function of creating, repealing, and amending New York State Election Law.

49.  Pursuant to the Constitution, a statute enacted by the Legislature may not be amended or repealed but for a legislative act of equal dignity and import.  Nothing less than another statute will suffice.

51.  A determination by the Commission is not a legislative act of equal dignity to that of a statute enacted by a vote of the Legislature and approved by the governor.

52.  The Statute is unconstitutional as it authorizes the Commission to create, amend, and repeal law enacted by a vote of the Legislature without requiring an equivalent legislative act.

FIRST CAUSE OF ACTION
(Declaratory Judgment)

58.  In the Statute, the Commission is permitted to freely enact new laws governing multiple party candidate nominations and/or designations and to repeal or amend provisions of the Election Law as enacted by the Legislature.

59.  That portion of the Statute is unconstitutional on its face as an improper delegation of the Legislature’s lawmaking power.

SECOND CAUSE OF ACTION
(Declaratory Judgment)

63.  Pursuant to the Statute, each recommendation made to implement a determination by the Commission “shall have the force of law, and shall supersede, where appropriate, inconsistent provisions of the election law, unless modified or abrogated by statute prior to December 22, 2019.” See Ex A, 5.

64.  Thus, the Statute gives the Commission authority to repeal existing law enacted by the Legislature without a majority vote of the Legislature that enacted the law being repealed.

65.  That portion of Statute is unconstitutional on its face as it violates the equivalency doctrine.”