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En route to her $53 million fundraising haul in 2022, New York Gov. Kathy Hochul raked in scores of then-maximum contributions of $69,800. Just a handful of those top-dollar donations from casino magnates, luxury condo developers and their ilk exceeded the total amount brought in by DSA for the Many, a New York City Democratic Socialists of America special committee that raised money for 13 candidates for the state legislature that year. 

The Democratic Socialists’ support in that cycle came from 1,800 people, with a median donation of roughly $50. It’s a safe bet that these small-dollar donors knew they were contributing to a pool of resources that would be used to support multiple campaigns in the 2022 election.  

The group’s social media pages in mid-2022 called it a “Multi Candidate Committee supporting socialists across New York.” Their feeds circulated support for various members of the DSA’s slate, eight of whom won their elections.  

In order to accept money, the group needed to first register with the state Board of Elections. The Board’s compliance team did not flag any missing requirements before approving DSA for the Many’s official status for the 2022 campaign. 

Now, as the group prepares for the 2024 elections, the BOE is trying to impose a severe fine on DSA for the Many because of paperwork the Board now says was required in 2022. That move contradicts the Board’s own advice to the group two years ago. 

To a layperson, this may sound absurd. But New York election law routinely defies common sense. 

According to the BOE, the DSA fundraising entity failed to provide sworn statements from each of the candidates agreeing to receive funds from the pool. DSA for the Many’s treasurer, Devin McManus, signed paperwork declaring that was the group’s intent. 

In late May 2022, an election-law compliance consultant working for the DSA asked the Board if the individual statements were necessary for multi-candidate committees (the BOE’s handbook was unclear). The response from the Board stated that the treasurer’s completed form was sufficient. 

Late last year, a hearing officer ruled in the BOE’s favor, arguing that the DSA needed the candidates’ sworn statements and that it thus should have ignored the advice from the BOE. The officer then imposed a fine of over $300,000 on McManus, exempting the candidates involved. 

In order to enforce the fine, the BOE brought the case to an Albany judge, Roger McDonough. A ruling could come in late March. The appellate division will then decide whether to let McDonough’s decision stand. And New York’s highest court may ultimately hear the case. 

Michael L. Johnson, the Board’s chief enforcement counsel responsible for the lawsuit (along with underling James Barron), is a product of the Harlem Democratic machine and a Cuomo appointee. In reporting about the case, The New York Times quoted Jerry Goldfeder, a longtime Cuomo family insider, who dutifully insisted that the BOE’s charges were not “small potatoes.” 

“Why is a small-donor fundraising group such a threat?” asks Jeremy Cohan of the DSA’s New York chapter. “There should be more attention to straw donors and dark money at all levels.” 

Cohan notes that DSA-backed Assemblymember Emily Gallagher has been fighting for transparency in LLC campaign donations, which Gov. Hochul continues to thwart. He also highlights the BOE’s lax record of enforcement against campaigns that do not file required disclosure reports. 

But with eight socialists currently serving in the state legislature and DSA backing challenges to three more incumbent Assembly members in this year’s Democratic primary, Goliath fears David. And the behemoth will use whatever weapons it can to repel the challenger — including small potatoes. 

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