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Brennan Center Disappointed in BOE Failure to Close “LLC Loophole”

The New York State Board of Elections deadlocked at a 2–2 vote, failing to close the state’s infamous LLC loophole.

April 16, 2015

Today, the New York State Board of Elections (BOE), deadlocked on whether to close the state’s “LLC Loophole,” which, since being created by the BOE in 1996, has allowed circumvention of contribution limits and disclosure requirements put in place to protect the integrity of New York’s democratic process. The Brennan Center, which along with Emery Celli Brinckerhoff & Abady, LLP, sent a letter to the BOE last week strongly urging closure of the loophole, issued the following statement from Lawrence Norden, deputy director of its Democracy Program:

“For too long, the infamous ‘LLC Loophole’ has drawn ire from New Yorkers troubled by the tens of millions of dollars, often secret, it has allowed into our elections. Not only is the loophole’s very existence based on tenuous logic; it allows special interests to circumvent important laws like contribution limits and disclosure requirements. We are disappointed the Board deadlocked on whether to faithfully interpret the law by rescinding its mistaken 1996 opinion. We will review all options to protect the integrity of New York’s campaign finance system.”

On Monday, six good government groups, including the Brennan Center, The League of Women Voters, Citizens Union of New York, Common Cause New York, New York Public Interest Research Group, and Reinvent Albany, sent a letter to Gov. Cuomo urging him to support efforts to close the “LLC Loophole.”

Read more about Closing New York’s “LLC Loophole, including editorials this week from newspapers across the state, and a letter from state Attorney General Eric Schneiderman, urging action.

Read more about the Brennan Center’s work on Money in Politics.

For more information or to schedule an interview, contact Naren Daniel at (646) 292–8381 or