Photo: Getty Images
A New York judge has upheld a law limiting state lawmakers' outside income to $35,000 annually, a decision that could force some legislators to choose between their public office and private-sector jobs. The law, signed by Governor Kathy Hochul in December 2022, aims to reduce conflicts of interest and enhance public trust by capping outside earnings. It took effect in January 2025, alongside an increase in lawmakers' salaries from $110,000 to $142,000.
According to the Times Union, State Supreme Court Justice Alison Napolitano upheld the constitutionality of the law but struck down a provision that would revoke lawmakers' voting rights for violations, citing it as a "severe burden on voting rights." The ruling affects approximately 26 Assembly members and 12 senators, mainly Republicans, whose earnings exceed the limit.
Republican lawmakers have filed an appeal and are seeking a stay on the law's enforcement. Assembly Minority Leader Will Barclay warned of potential "chaos in the Legislature" and a "mass exodus" of members, disproportionately affecting minority conferences. Senate Minority Leader Robert Ortt echoed these concerns, stating that the law could leave 3.5 million New Yorkers without Senate representation and lead to costly special elections.
The CBS6 Albany reports that the plaintiffs, represented by former Attorney General Dennis Vacco, argue that the law violates the U.S. and state constitutions, including the equal protection and due process clauses. They have requested clarification on whether income earned since January counts against the limit.
The parties involved are due back in court on September 30, 2024, to further address the legal challenges and implications of the law. Meanwhile, the state attorney general's office maintains that the cap is necessary to prevent conflicts of interest and ethical dilemmas arising from legislators' outside earned income.