Vote To Close LLC ‘Loophole’ Deadlocks,  But Could Impact Lawsuit

Chris Bragg updates in the Times Union:

The state Board of Elections’ four commissioners deadlocked on a vote to do away with the so-called “LLC loophole” on Tuesday – but the vote could have implications for a lawsuit seeking the same goal.

Board of Elections co-chair Douglas Kellner, and his fellow Democratic commissioner Andrew Spano, proposed the opinion that would close the LLC loophole by dramatically lowering the contribution limits for limited liability companies. The Board’s two Republican commissioners voted against the measure.

In a court decision issued in April throwing out a lawsuit to close the LLC loophole, State Supreme Court Justice Lisa Fisher noted that when Kellner tried a similar gambit during a 2015 Board meeting – which similarly resulted in a partisan deadlock – Kellner had merely directed the Board’s counsel to prepare an opinion rescinding the loophole.”


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