US Laws, Codes, Statutes & Cases

 
    §  3-703  Eligibility  and  other  requirements. 1. To be eligible for
  optional public financing under this chapter, a candidate for nomination
  for election or election must:
    (a) meet all the requirements of law to have his or her  name  on  the
  ballot;
    (b)  be  a  candidate for mayor, public advocate, comptroller, borough
  president or member of the  city  council  in  a  primary,  special,  or
  general  election  and  meet  the threshold for eligibility set forth in
  subdivision two of this section;
    (c) choose to participate in the public  funding  provisions  of  this
  chapter,  by  filing  a  written  certification  in  such form as may be
  prescribed by the campaign finance board, which sets forth  his  or  her
  acceptance  of  an agreement to comply with the terms and conditions for
  the provision of such funds. The deadline for filing such  certification
  for a primary and general election shall be:
    (i) the first day of June in the year of the covered election, or such
  other later date as the board shall provide; or
    (ii)  the  thirtieth  day  after  a special election is held to fill a
  vacancy for the office sought by the candidate;
  whichever is later. The deadline for filing  such  certification  for  a
  special election to fill a vacancy shall be on the seventh day after the
  proclamation  of  such special election. A certification may be filed on
  or before the seventh day  after  the  occurrence  of  an  extraordinary
  circumstance  in an election, as declared by the campaign finance board,
  following the receipt and review of a petition submitted by a  candidate
  in  such  election.  For  purposes  of this paragraph, an "extraordinary
  circumstance" shall include the death of a candidate  in  the  election,
  the  resignation or removal of the person holding the office sought, and
  the submission to the board of a written declaration by an  officeholder
  that terminates his or her campaign for reelection;
    (d)  obtain  and  furnish to the campaign finance board and his or her
  principal committee or authorized committees must obtain and furnish  to
  the board any information it may request relating to his or her campaign
  expenditures  or  contributions and furnish such documentation and other
  proof of compliance with this chapter as may be requested by such board;
    (e) notify the board in the candidate's written certification  as  to:
  (i)  the  existence  of  each  authorized  committee  authorized by such
  candidate that has not been terminated, (ii) whether any such  committee
  also  has  been  authorized  by  any  other  candidate, and (iii) if the
  candidate has authorized  more  than  one  authorized  committee,  which
  authorized  committee  has  been  designated  by  the  candidate  as the
  candidate's principal committee  for  the  election(s)  covered  by  the
  candidate's  certification;  provided, that such principal committee (i)
  shall be the only committee authorized  by  such  candidate  to  aid  or
  otherwise  take  part  in  the  election(s)  covered  by the candidate's
  certification, (ii) shall not be an authorized committee  of  any  other
  candidate,  and (iii) shall not have been authorized or otherwise active
  for any election prior to the election(s)  covered  by  the  candidate's
  certification.  The use of an entity other than the designated principal
  committee to aid or otherwise take part in the  election(s)  covered  by
  the  candidate's  certification shall be a violation of this section and
  shall trigger the application to such entity of all provisions  of  this
  chapter governing principal committees;
    (f)  not  accept  and  his  or  her  principal committee or authorized
  committees  must  not  accept,  either  directly  or  by  transfer,  any
  contribution  or  contributions  from  any  one individual, partnership,
  political committee, labor organization or other entity for all  covered
  elections  held  in  the  same  calendar  year  in  which he or she is a

  participating candidate or a non-participating candidate  which  in  the
  aggregate:  (i)  for the office of mayor, public advocate or comptroller
  shall exceed four thousand five hundred dollars,  or  (ii)  for  borough
  president,  shall  exceed  three thousand five hundred dollars, or (iii)
  for member of the city council, shall exceed two thousand  five  hundred
  dollars;  provided  that  a  participating  candidate  and  his  or  her
  principal committee or a non-participating  candidate  and  his  or  her
  authorized  committees  may accept additional contributions which do not
  exceed one half the amount of the applicable limitation for any  run-off
  primary   election,   additional   day   for  voting  held  pursuant  to
  section 3-108 of the New York state election law,  special  election  to
  fill  a  vacancy, run-off special election to fill a vacancy, delayed or
  otherwise postponed election, or election held pursuant to  court  order
  which  is a covered election and in which the candidate seeks nomination
  for election or election; and provided further that for the purposes  of
  this  paragraph,  contributions  made  by  different labor organizations
  shall not be aggregated  or  treated  as  contributions  from  a  single
  contributor  for purposes of the contribution limit that is set forth in
  this paragraph if those  labor  organizations  make  contributions  from
  different   accounts,   maintain   separate   accounts   with  different
  signatories, do not share a  majority  of  members  of  their  governing
  boards,  and  do not share a majority of the officers of their governing
  boards; and provided further that if state law prescribes a contribution
  limitation of a lesser amount, this paragraph shall  not  be  deemed  to
  authorize  acceptance of a contribution in excess of such lesser amount.
  The maximum contributions set forth in this paragraph shall be  adjusted
  in accordance with subdivision seven of this section;
    (g)  maintain  and  his  or  her  principal  committee  or  authorized
  committees must maintain such records of receipts and expenditures for a
  covered election as required by the board;
    (h) not make expenditures from or use his or  her  personal  funds  or
  property  or the personal funds or property jointly held with his or her
  spouse, domestic partner, or unemancipated children in  connection  with
  his  or her nomination for election or election except as a contribution
  to his or her principal committee in an  amount  that  does  not  exceed
  three  times  the  maximum  contribution  amount  applicable pursuant to
  paragraph (f)  of  this  subdivision.  Such  candidate  shall  not  make
  expenditures  from or use other personal funds or property of his or her
  spouse, domestic partner or unemancipated children  in  connection  with
  his  or  her  nomination  for  election  or election; provided that this
  paragraph shall not be construed to limit contributions by persons other
  than the candidate;
    (i) not make  and  his  or  her  principal  committee  must  not  make
  expenditures  which  in  the aggregate exceed the applicable expenditure
  limitations set forth in section 3-706;
    (j) meet the threshold for eligibility set forth in subdivision two of
  this section;
    (k) not accept and his or her principal  committee  must  not  accept,
  either  directly  or  by transfer, any contribution, loan, guarantee, or
  other security for such  loan  from  any  political  committee  for  all
  covered elections held in the same calendar year in which he or she is a
  participating   candidate,   except   as   is   otherwise  provided  for
  contributions by political committees pursuant to section 3-707 of  this
  chapter; and
    (l)  not  accept  and  his  or  her  principal committee or authorized
  committees  must  not  accept,  either  directly  or  by  transfer,  any
  contribution,  loan, guarantee, or other security for such loan from any
  corporation, other than a corporation that is a political  committee  as

  defined  in subdivision eleven of section 3-702 of this chapter, for all
  covered elections held in the same calendar year in which he or she is a
  participating or non-participating candidate;
    (m)  fulfill  the requirements of section 12-110 of the administrative
  code of the city of New York, including  payment  of  any  penalties  as
  determined by the conflicts of interest board.
    (i)  The  conflicts  of  interest  board shall provide a participating
  candidate with a receipt indicating proof  of  compliance  with  section
  12-110  of  the administrative code of the city of New York in such form
  as the conflicts of interest board  shall  determine.  Such  receipt  as
  provided  by the conflicts of interest board shall indicate the time and
  date of filing of the financial disclosure report.
    (ii) A participating candidate  shall  provide  the  campaign  finance
  board  with  the  receipt  provided  by  the conflicts of interest board
  pursuant to subparagraph (i) of this paragraph, in such form and  manner
  as the campaign finance board shall require, by the last business day of
  July  in  the  year of the covered election, or such other later date as
  the campaign finance board shall provide  by  rule,  except  that  in  a
  special  election to fill a vacancy the deadline for filing such receipt
  shall be established by campaign finance board rule.
    (iii)  A  participating  candidate  who  fails  to   adhere   to   the
  requirements  of  subparagraph  (ii)  of  this  paragraph may thereafter
  satisfy the requirements of this paragraph by submitting  a  receipt  in
  accordance  with subparagraph (i) of this paragraph at such times and in
  such manner as provided by campaign finance  board  rule.  The  campaign
  finance board shall thereafter allow the participating candidate to make
  a  claim  for  public  funds  upon  satisfying  the requirements of this
  paragraph and all other applicable law, rules and regulations; provided,
  however that a receipt that is not filed timely pursuant to subparagraph
  (ii) of this paragraph may result in a delay of any  payment  of  public
  funds by the board; and
    (n)  satisfy  any  claim  made  by  the board for the payment of civil
  penalties or repayment of public funds that remains outstanding  against
  such  candidate  or  his  or  her  principal  committee or an authorized
  committee of such candidate from a prior covered election,  if  (i)  the
  candidate  had  written notice of such potential claim and ineligibility
  to receive public funds prior to filing a written certification for  the
  current  covered election pursuant to paragraph (c) of this subdivision,
  or (ii) in the event no such timely notice has been  given  pursuant  to
  subparagraph (i), the candidate has been given an opportunity to present
  to  the  board  reasons  he  or she should be eligible to receive public
  funds.
    2.  (a)  The  threshold  for  eligibility  for  public   funding   for
  participating  candidates  in  a primary or general election, or special
  election to fill a vacancy, shall be in the case of:
    (i) mayor, not  less  than  two  hundred  fifty  thousand  dollars  in
  matchable  contributions  comprised  of  sums of up to two hundred fifty
  dollars per  contributor  including  at  least  one  thousand  matchable
  contributions of ten dollars or more;
    (ii)  public  advocate  and  comptroller,  not  less  than one hundred
  twenty-five thousand dollars in  matchable  contributions  comprised  of
  sums  of  up  to  two hundred fifty dollars per contributor including at
  least five hundred matchable contributions of ten dollars or more;
    (iii) borough president, an amount equal  to  the  number  of  persons
  living  in  such  borough as determined by the last census multiplied by
  two cents in matchable contributions comprised of  sums  of  up  to  two
  hundred  fifty  dollars  per  contributor including at least one hundred
  matchable contributions of ten dollars or more  from  residents  of  the

  borough,  or ten thousand dollars comprised of sums of up to two hundred
  fifty dollars per contributor, whichever is greater;
    (iv) member  of  the city council, not less than five thousand dollars
  in matchable contributions comprised of sums of up to two hundred  fifty
  dollars  per  contributor  including  at  least  seventy-five  matchable
  contributions of ten dollars or more from residents of the  district  in
  which the seat is to be filled.
    (b)  Any participating candidate meeting the threshold for eligibility
  in a primary election for one of the foregoing offices shall  be  deemed
  to  have  met the threshold for eligibility for such office in any other
  election, other than a special election to fill a vacancy, held  in  the
  same calendar year.
    3.  In  order  to  be  eligible  to  receive public funds in a primary
  election a participating candidate must agree that in the  event  he  or
  she  is  a  candidate  for such office in any other election held in the
  same calendar year, other than a special election  to  fill  a  vacancy,
  that  he  or  she  will  be  bound  in  each  such other election by the
  eligibility requirements and all other provisions of this chapter.
    4. Candidates who are contested in a primary election  for  nomination
  for  election  to  office  and  who  do not file a written certification
  pursuant to paragraph (c) of subdivision one of this section  shall  not
  be eligible for public funds for any election to such office held in the
  same calendar year other than a special election to fill a vacancy.
    5.  Participating  candidates  who  are seeking nomination or election
  exclusively as write-in candidates,  who  are  unopposed  in  a  covered
  election,  or  who  are opposed in a covered election only by candidates
  seeking nomination or election exclusively as write-in candidates, shall
  not be eligible to receive public funds for such election.
    6. (a) Each participating or limited participating candidate  and  his
  or her principal committee, and each non-participating candidate and his
  or   her   authorized   committees  shall  report  to  the  board  every
  contribution, loan, guarantee, or other security for such loan  received
  by the candidate and such committee, the full name, residential address,
  occupation,  employer, and business address of each contributor, lender,
  guarantor, or provider of security and of each person or entity which is
  the intermediary  for  such  contribution,  loan,  guarantee,  or  other
  security  for such loan, and every expenditure made by the candidate and
  such committee, including expenditures not  subject  to  section  3-706.
  Disclosure  reports shall be submitted at such times and in such form as
  the board shall require and shall be clearly legible.
    (b) Notwithstanding paragraph (a) above:
    (i) an intermediary need not be reported for  any  contribution  to  a
  participating   or  limited  participating  candidate  and  his  or  her
  principal committee or a non-participating  candidate  and  his  or  her
  authorized   committees   that  was  collected  from  a  contributor  in
  connection with a party or other candidate-related  event  held  at  the
  residence of the person delivering the contribution, unless the expenses
  of  such events at such residence for such candidate exceed five hundred
  dollars for a covered election or the aggregate  contributions  received
  from that contributor at such events exceed five hundred dollars;
    (ii)  contributions aggregating not more than ninety-nine dollars from
  any one contributor for all covered elections held in a single  calendar
  year  or  for  a  special  election  need  not be separately itemized in
  disclosure reports submitted to the board on behalf of a  participating,
  or  limited  participating or non-participating candidate and his or her
  principal committee or authorized committees,  provided,  however,  that
  contributions which are not itemized shall not be matchable;

    (iii)  the  treasurer  of  the principal committee need not collect or
  disclose  the  occupation,  employer,  and  business  address   of   any
  contributor  making  contributions aggregating not more than ninety-nine
  dollars for all covered elections held in a single calendar year or  for
  a  special  election;  provided, however, such occupation, employer, and
  business address shall be disclosed if such contributors  are  employees
  of  a  participating or limited participating candidate or the spouse or
  domestic partner of such candidate or an entity in which such candidate,
  spouse or domestic partner has an ownership interest of ten  percent  or
  more  or  a management position, including, but not limited to, being an
  officer, director or trustee; and
    (iv) disclosure reports, other than reports required to be filed every
  six months in accordance with the schedule specified  by  the  New  York
  state  board  of  elections,  need  not  be  submitted  on  behalf  of a
  participating  or  limited  participating  candidate  and  his  or   her
  principal  committee  or  a  non-participating  candidate and his or her
  authorized committees if the  cumulative  amount  of  contributions  and
  loans  accepted  by  such  candidate  and committee following the period
  covered in the last disclosure report submitted to the campaign  finance
  board  on  behalf of such candidate is less than two thousand dollars or
  such higher amount as may be determined by the campaign  finance  board,
  provided,  however, that disclosure reports shall be submitted on behalf
  of a participating or limited participating candidate  and  his  or  her
  principal  committee  or  a  non-participating  candidate and his or her
  authorized committees if that candidate and his or  her  committee  have
  made  expenditures  in  excess  of forty-five percent of the expenditure
  limitation  applicable  to  participating  and   limited   participating
  candidates  under  section  3-706. The campaign finance board shall make
  available to the public a copy of disclosure reports within two business
  days after they are accepted by the board.
    6-a. Any rules promulgated by the board  to  require  that  disclosure
  reports submitted pursuant to this chapter be submitted in an electronic
  format shall provide exemptions for small campaigns, as defined by board
  rules,  and  for  other campaigns that demonstrate that submission in an
  electronic format would pose a substantial hardship.
    7. Not later than the first day of March  in  the  year  two  thousand
  eighteen  and  every  fourth  year thereafter the campaign finance board
  shall (i) determine the percentage difference between the average over a
  calendar year of the consumer  price  index  for  the  metropolitan  New
  York-New  Jersey  region  published by the United States bureau of labor
  statistics for  the  twelve  months  preceding  the  beginning  of  such
  calendar  year  and  the  average  over  the  calendar year two thousand
  fifteen  of  such  consumer  price  index;  (ii)  adjust  each   maximum
  contribution  applicable pursuant to paragraph (f) of subdivision one of
  this section by the amount of such percentage difference to the  nearest
  fifty  dollars;  and (iii) publish such adjusted maximum contribution in
  the City Record. Such adjusted maximum contribution shall be  in  effect
  for any election held before the next such adjustment.
    8.  If  a  participating or limited participating candidate and his or
  her principal committee or a non-participating candidate and his or  her
  authorized   committees  demonstrate  to  the  board  that  a  political
  committee has not accepted contributions, loans, or  other  receipts  or
  made expenditures or transfers in a covered election, and represent that
  such  committee  will not accept contributions, loans, or other receipts
  or  make  expenditures  or  transfers  in  a   covered   election,   the
  participating   or  limited  participating  candidate  and  his  or  her
  principal committee  or  non-participating  candidate  and  his  or  her
  authorized  committees  may  submit  to  the  board  legible  copies  of

  financial disclosure reports, required to be  filed  with  the  city  or
  state  board of elections, for such committees in lieu of the disclosure
  report form designated by the board for purposes of subdivision  six  of
  this section.
    9.  No  political  committee authorized by a participating, or limited
  participating or non-participating candidate for a covered election  may
  be  authorized  to  aid  or  take part in the elections of more than one
  candidate.
    10. All receipts accepted by a participating or limited  participating
  candidate  and  his  or her principal committee shall be deposited in an
  account  of  the  principal  committee.  All  receipts  accepted  by   a
  non-participating  candidate  and his or her authorized committees shall
  be deposited in an account of the authorized committees.  The  treasurer
  of  the principal committee or authorized committee shall be responsible
  for making such deposits. All deposits shall be made within ten business
  days of receipt; provided, however, that deposits of contributions  made
  in   the  form  of  checks  received  by  a  participating,  or  limited
  participating or non-participating candidate and his or  her  committees
  for  the  office  of  city  council  more than one year before the first
  covered election for which  such  candidate  is  seeking  nomination  or
  election  may  be  made  within  twenty  business  days of receipt. Each
  disclosure report filed pursuant to  subdivision  six  of  this  section
  shall include the date of receipt of each contribution accepted.
    11.   Regardless   whether   a  participating  candidate  demonstrates
  eligibility  for  optional  public  financing  under  this  chapter,   a
  participating   candidate   and  his  or  her  principal  committee  are
  nonetheless required to abide by the  requirements  of  paragraphs  (d),
  (e), (f), (g), (h), (i), (k) and (l) of subdivision one of this section.
    12.   (a)   Each  participating  candidate  or  limited  participating
  candidate for nomination for election, or  election,  or  the  principal
  committee  of such candidate, shall submit, in a contemporaneous manner,
  the disclosure reports required  pursuant  to  this  chapter,  filed  in
  accordance  with  the schedule specified by the state board of elections
  for the filing of campaign receipt and expenditure statements, and  such
  other disclosure reports as the rules of the board may require, in order
  for  any  contributions  received  during  the  periods  covered by such
  reports and prior to the last date upon which such candidate may file  a
  certification  pursuant  to  paragraph  (c)  of  subdivision one of this
  section to qualify as matchable contributions.
    (b) The board shall review each disclosure report timely submitted  by
  a  candidate prior to the last date upon which such candidate may file a
  certification pursuant to paragraph  (c)  of  subdivision  one  of  this
  section, or subdivision one of section 3-718, and issue to the candidate
  a  review  before  the  next disclosure report is due. Such review shall
  inform the candidate of relevant questions the board has concerning  the
  candidate's: (i) compliance with requirements of this chapter and of the
  rules  issued  by the board; and (ii) qualification for receiving public
  funds pursuant to this chapter. In the course of this review, the  board
  shall give candidates an opportunity to respond to and correct potential
  violations,  before  the deadline for filing a certification pursuant to
  paragraph (c) of subdivision one of this section, or subdivision one  of
  section  3-718,  and give candidates an opportunity to address questions
  the board has concerning their matchable contribution  claims  or  other
  issues  concerning  eligibility  for  receiving public funds pursuant to
  this chapter; provided, however, this paragraph shall not apply  to  the
  last  required  disclosure  report  before  the  deadline  for  filing a
  certification pursuant to paragraph  (c)  of  subdivision  one  of  this
  section  or  subdivision one of section 3-718. Nothing in this paragraph

  shall preclude the board from  subsequently  reviewing  such  disclosure
  reports and taking any action otherwise authorized under this chapter.
    13. Candidates who file a certification pursuant to subdivision one of
  this  section  shall not be eligible to file a certification pursuant to
  section 3-718, and candidates  who  file  a  certification  pursuant  to
  section  3-718 shall not be eligible to file a certification pursuant to
  subdivision one of this section.
    14. (a) Transfers that a principal committee receives from a political
  committee (other than another principal committee) at any time during an
  election cycle shall:
    (i) be attributed to previous contributions  in  accordance  with  the
  duly  promulgated rules of the campaign finance board applicable to such
  transfer or use;
    (ii) exclude an amount equal to the total of:
    (A) such previous contributions, or portions thereof, that violate the
  limitations, restrictions, or  prohibitions  of  the  charter  and  this
  chapter  applicable  in  the  covered  election  for which the principal
  committee is designated; and
    (B) such previous contributions, or portions thereof,  for  which  the
  principal  committee  has not obtained and submitted to the board, prior
  to receipt of the transfer, evidence  of  the  contributor's  intent  to
  designate  the  contribution  for  such  covered election, and any other
  record, as determined by the rules of the board; and
    (iii) not be matchable.
    (b)  Each  transfer,  the  contributions  to  which  the  transfer  is
  attributed,   and   all   expenditures  made  in  connection  with  such
  contributions shall be reported to the  board  in  the  next  disclosure
  report  due  pursuant  to  this  section  3-703  after  the  transfer is
  received.  These  expenditures  shall,  at  a   minimum,   include   all
  expenditures  made by the political committee making the transfer during
  the election cycle of  the  covered  election.  The  board  shall  issue
  instructions defining the circumstances in which such disclosure reports
  shall  also  include  additional  expenditures  made  by other political
  committees authorized by the  participating  candidate  that  originally
  received  such  contributions  and additional expenditures made prior to
  such  election  cycle.  Such  expenditures  shall  be  applied  to   the
  expenditure limit applicable under 3-706.
    (c)  Participating  candidates  shall have the burden of demonstrating
  that expenditures reported pursuant to paragraph (b) of this subdivision
  are not subject to the expenditure limit applicable under section  3-706
  and  are  not  a  basis  for  reducing public funds payments pursuant to
  subdivision eight of section 3-705 of this chapter.
    (d) Nothing in this subdivision is intended to modify or supersede any
  federal law that prohibits or otherwise restricts the use of campaign or
  donated  funds  by   political   committees,   candidates   or   federal
  officeholders.