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§ 3-702 Definitions. For purposes of this chapter, the following terms
shall have the following meanings:
1. The term "participating candidate" shall mean any candidate for
nomination for election, or election, to the office of mayor, public
advocate, comptroller, borough president or member of the city council
who files a written certification pursuant to section 3-703 of this
chapter.
2. The term "principal committee" shall mean the authorized committee
designated by a candidate pursuant to paragraph (e) of subdivision 1 of
section 3-703 or paragraph (a) of subdivision one of section 3-718 of
this chapter.
3. The term "matchable contribution" shall mean (i) a contribution,
(ii) contributions or (iii) a portion of a contribution or
contributions, not greater than the applicable contribution limitation
set forth in paragraph (f) of subdivision one of section 3-703 for all
covered elections held in the same calendar year, made by a natural
person resident in the city of New York to a participating candidate
which has been reported in full to the campaign finance board in
accordance with subdivision six of section 3-703 by the candidate's
principal committee and has been contributed on or before December
thirty-first in the year of such election that may be matched by public
funds in accordance with the provisions of this chapter. Any
contribution, contributions, or a portion of a contribution determined
to be invalid for matching funds by the board may not be treated as a
matchable contribution for any purpose. A loan may not be treated as a
matchable contribution. The following contributions are not matchable:
(a) in-kind contributions of property, goods, or services;
(b) contributions in the form of the purchase price paid for an item
with significant intrinsic and enduring value;
(c) contributions in the form of the purchase price paid for or
otherwise induced by a chance to participate in a raffle, lottery, or a
similar drawing for valuable prizes;
(d) money order contributions from any one contributor that are, in
the aggregate, greater than $100;
(e) contributions from individuals under the age of eighteen years;
and
(f) contributions from individual vendors to whom the participating
candidate or his or her principal committee makes an expenditure, in
furtherance of the nomination for election or election covered by the
candidate's certification, unless such expenditure is reimbursing an
advance.
4. The term "qualified campaign expenditure" shall mean an expenditure
for which public funds may be used.
5. The term "fund" shall mean the New York city election campaign
finance fund.
6. The term "threshold for eligibility" shall mean the total amount of
matchable contributions that a participating candidate and his or her
principal committee must receive in order for such candidate to qualify
for optional public financing pursuant to this chapter.
7. The term "authorized committee" shall mean a political committee
which has been authorized by one or more candidates to aid or take part
in the elections of such candidate or candidates and which has filed a
statement that such candidate or candidates have authorized such
political committee pursuant to section 14-112 of the election law.
8. The term "contribution" shall mean: (a) any gift, subscription,
advance, or deposit of money or any thing of value, made in connection
with the nomination for election, or election, of any candidate; (b) any
funds received by a political committee from another political committee
to the extent such funds do not constitute a transfer; (c) any payment,
by any person other than a candidate or a political committee authorized
by the candidate, made in connection with the nomination for election,
or election, of any candidate, including but not limited to compensation
for the personal services of any individual which are rendered in
connection with a candidate's election or nomination without charge;
provided however, that none of the foregoing shall be deemed a
contribution if it is made, taken or performed by a person or a
political committee independent of the candidate or his or her agents or
political committees authorized by such candidate pursuant to section
14-112 of the New York state election law. For purposes of this
subdivision, the term "independent of the candidate or his or her agents
or political committees authorized by such candidate pursuant to section
14-112 of the New York state election law" shall mean that the candidate
or his or her agents or political committees so authorized by such
candidate did not authorize, request, suggest, foster or cooperate in
any such activity; and provided further, that the term "contribution"
shall not include:
(i) the value of services provided without compensation by individuals
who volunteer a portion or all of their time on behalf of a candidate or
political committee,
(ii) the use of real or personal property and the cost of invitations,
food and beverages voluntarily provided by an individual to a candidate
or political committee on the individual's residential premises for
candidate-related activities to the extent such services do not exceed
five hundred dollars in value, and
(iii) the travel expenses of any individual who on his or her own
behalf volunteers his or her personal services to any candidate or
political committee to the extent such expenses are unreimbursed and do
not exceed five hundred dollars in value.
A loan made to a participating candidate or his or her principal
committee, or a non-participating candidate or his or her authorized
committees other than in the regular course of the lender's business
shall be deemed, to the extent not repaid by the date of the first
covered election in which such candidate is governed by this chapter
following the date of the loan, a contribution by the lender. A loan
made to a participating candidate or his or her principal committee, or
a non-participating candidate or his or her authorized committees in the
regular course of the lender's business shall be deemed, to the extent
not repaid by the date of the first covered election in which the
candidate is governed by this chapter following the date of the loan, a
contribution by the obligor on the loan and by any other person
endorsing, cosigning, guaranteeing, collateralizing or otherwise
providing security for the loan.
9. The term "transfer" shall mean any exchange of funds or any thing
of value between political committees authorized by the same candidate
pursuant to section 14-112 of the election law and taking part solely in
his or her campaign.
10. The term "covered election" shall mean any primary, run-off
primary, special, run-off special or general election for nomination for
election, or election, to the office of mayor, public advocate,
comptroller, borough president or member of the city council.
11. The term "political committee" shall mean any corporation aiding
or promoting and any committee, political club or combination of one or
more persons operating or cooperating to aid or to promote the success
or defeat of a political party or principle, or to aid or take part in
the election or defeat of a candidate for public office or to aid or
take part in the election or defeat of a candidate for nomination at a
primary election or convention, including all proceedings prior to such
primary election, or of a candidate for any party position voted for at
a primary election, or to aid or defeat the nomination by petition of an
independent candidate for public office; but nothing in this chapter
shall apply to any committee or organization for the discussion or
advancement of political questions or principles without connection with
any vote. "Political committee" shall include any party committee or
constituted committee, as such committees are defined in article
fourteen of the election law.
12. The term "intermediary" shall mean an individual, corporation,
partnership, political committee, employee organization or other entity
which, other than in the regular course of business as a postal,
delivery or messenger service, delivers any contribution from another
person or entity to a candidate or an authorized committee.
"Intermediary" shall not include spouses, domestic partners, parents,
children or siblings of the person making such contribution, or any
fundraising agent, as such term is defined in the rules of the board.
13. The term "limited participating candidate" shall mean a candidate
who meets the requirements of paragraph (a) of subdivision one of
section 3-718 of this chapter.
14. The term "non-participating candidate" shall mean any candidate
for nomination for election, or election, to the office of mayor, public
advocate, comptroller, borough president or member of the city council
who does not file a written certification pursuant to section 3-703 or
meet the requirements of paragraph (a) of subdivision one of section
3-718 of this chapter, or who has, or the authorized committees of such
candidate have, made expenditures in furtherance of the nomination for
election or election to an office covered by this chapter.
15. The term "labor organization" shall mean any organization
including any local, state, district council, joint council or national
organization which exists and is constituted for the purpose, in whole
or in part, of collective bargaining, or of dealing with employers
concerning grievances, terms or conditions of employment, or of other
mutual aid or protection. For purposes of this section a labor
organization shall also include any political committee it has
established pursuant to state or federal law.