US Laws, Codes, Statutes & Cases

 
    §  3-706 Expenditures limitations; additional financing and limits. 1.
  The following limitations apply to all expenditures made by a  candidate
  and  his or her principal committee on or after the first day of January
  preceding the election for which such candidate chooses  to  participate
  in  the  public  funding  provisions of this chapter and to expenditures
  made at any time prior to such date for services, materials, facilities,
  advertising or other things  of  value  received,  rendered,  published,
  distributed or broadcast on or after such date:
    (a)  Except  as provided in paragraph (b) of this subdivision, in each
  primary election, in each special election to fill  a  vacancy,  and  in
  each  general  election,  expenditures by a participating candidate or a
  limited participating candidate and his or her principal  committee  for
  one of the following offices shall not exceed the following amounts:
 
          mayor:                               $4,000,000
          public advocate or comptroller:      $2,500,000
          borough president:                   $  900,000
          member of the city council:          $  105,000
 
    (b)  (i) The expenditure limitation in a run-off primary election held
  pursuant to section 6-162 of the  New  York  state  election  law  or  a
  run-off  special  election  held to fill a vacancy shall be one half the
  amount of the applicable limitation provided for an  election  for  such
  office pursuant to the provisions of paragraph (a) of this subdivision.
    (ii)  The  board  shall  promulgate  rules  to  provide for a separate
  expenditure limit applicable to campaign expenditures for an  additional
  day  for  voting  held  pursuant  to section 3-108 of the New York state
  election law, an election held pursuant to court order, or a delayed  or
  otherwise postponed election.
    (c)  Expenditures by participating or limited participating candidates
  in a primary election made prior to or  on  the  date  of  such  primary
  election shall be deemed to have been made for such primary election.
    (d)  The  campaign  finance  board  shall,  pursuant to section 3-713,
  submit a report to the mayor and the  council  on  or  before  September
  first,  nineteen  hundred ninety, containing its recommendations whether
  the expenditure limitations  provided  by  this  subdivision  should  be
  modified.    Such report shall set forth the amount of, and reasons for,
  any modifications it recommends.
    (e) 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  expenditure
  limitation applicable pursuant to this subdivision by the amount of such
  percentage  difference to the nearest thousand dollars and (iii) publish
  such adjusted expenditure limitation in the City Record.  Such  adjusted
  expenditure  limitation  shall be in effect for any election held before
  the next such adjustment.
    2. The following limitations apply  to  all  expenditures  made  by  a
  participating  or  a  limited  participating  candidate  and  his or her
  principal committee in the three calendar years preceding  the  year  of
  the election for which such candidate chooses to file a certification as
  a  participating  or  limited  participating  candidate pursuant to this
  chapter and to expenditures made at any time  prior  to  such  date  for
  services,  materials,  facilities,  advertising or other things of value

  received, rendered, published, distributed or broadcast in such calendar
  years. Such expenditures by a  participating  or  limited  participating
  candidate  for  one  of  the  following offices and his or her principal
  committee shall not exceed the following amounts:
 
       mayor, public advocate or comptroller:    $270,000
       borough president:                        $120,000
       member of the city council:               $ 40,000
 
    2-a.  (a)  If  the  expenditures  made  by  a candidate and his or her
  principal committee subject to the expenditure limitation of subdivision
  two of this section exceed the  amount  of  the  expenditure  limitation
  applicable  under  such  subdivision,  such  candidate  or  his  or  her
  principal committee shall not be ineligible to  receive  public  funding
  for  qualified  campaign expenditures or be in violation of this chapter
  by reason of exceeding such limitation unless the amount by  which  such
  expenditures  exceed  such  limitation  is  in excess of the expenditure
  limitation which next applies to such candidate or his or her  principal
  committee  pursuant  to  subdivision  one  of  this section; and further
  provided that the  amount  of  the  expenditure  limitation  which  next
  applies to such candidate or his or her principal committee, pursuant to
  subdivision one of this section, shall be reduced by the amount by which
  the  expenditure  limitation  applicable  under  subdivision two of this
  section is exceeded.
    (b) Nothing contained in paragraph (a) of this subdivision shall:
    (i) operate to increase or decrease the amount of  public  funds  that
  may be received pursuant to section 3-705 by the principal committee;
    (ii)  affect  the expenditure limitation set forth in paragraph (b) of
  subdivision one of this section; or
    (iii) affect the expenditure limitation set forth in paragraph (a)  of
  subdivision  one  of  this  section  for  purposes of the application of
  subdivision three of this section.
    3. (a) If any candidate in any covered election chooses not to file  a
  certification  as  a  participating  or  limited participating candidate
  pursuant to this chapter, and  where  the  campaign  finance  board  has
  determined that such candidate and his or her authorized committees have
  spent  or contracted or have obligated to spend, or received in loans or
  contributions, or both, an amount which, in the aggregate, exceeds  half
  the  applicable  expenditure  limit for such office fixed by subdivision
  one of this section, then:
    (i) such expenditure limit applicable to participating candidates  and
  limited  participating candidates in such election for such office shall
  be increased to one hundred fifty percent of such limit; and
    (ii) the principal committees of such participating  candidates  shall
  receive  payment for qualified campaign expenditures of five dollars for
  each one dollar of matchable  contributions,  up  to  one  thousand  two
  hundred  fifty  dollars  in  public  funds per contributor (or up to six
  hundred twenty five dollars in public funds per contributor in the  case
  of  a  special  election);  provided,  however,  that  (A) participating
  candidates in a run-off election shall receive  public  funds  for  such
  election  pursuant  to  subdivision  five of section 3-705 and shall not
  receive any additional public funds pursuant to this section, and (B) in
  no case shall a principal committee receive in public  funds  an  amount
  exceeding  two-thirds  of  the  expenditure limitation provided for such
  office in subdivision one of this section.
    (b) If any candidate in any covered election chooses  not  to  file  a
  certification  as  a  participating  or  limited participating candidate
  pursuant to this chapter, and  where  the  campaign  finance  board  has

  determined that such candidate and his or her authorized committees have
  spent  or contracted or have obligated to spend, or received in loans or
  contributions, or both, an amount which, in the aggregate, exceeds three
  times  the  applicable  expenditure  limit  for  such  office  fixed  by
  subdivision one of this section, then:
    (i) such expenditure limit shall  no  longer  apply  to  participating
  candidates  and  limited  participating  candidates in such election for
  such office; and
    (ii) the principal committees of such participating  candidates  shall
  receive  payment  for qualified campaign expenditures of six dollars for
  each one dollar of matchable contributions,  up  to  one  thousand  five
  hundred  dollars in public funds per contributor (or up to seven hundred
  fifty dollars in public funds per contributor in the case of  a  special
  election);  provided,  however,  that  (A) participating candidates in a
  run-off election shall receive public funds for such  election  pursuant
  to  subdivision  five  of  section  3-705  and  shall  not  receive  any
  additional public funds pursuant to this section, and  (B)  in  no  case
  shall  a principal committee receive in public funds an amount exceeding
  one hundred twenty-five percent of the expenditure  limitation  provided
  for such office in subdivision one of this section.
    4.  (a)  Expenditures  made  for  the  purpose  of  complying with the
  provisions of this chapter or the election law,  including  legal  fees,
  accounting  fees,  the  cost of record creation and retention, and other
  necessary compliance expenditures, and expenses to challenge  or  defend
  the  validity  of petitions of designation or nomination or certificates
  of nomination, acceptance, authorization, declination  or  substitution,
  and expenses related to the canvassing of election results, shall not be
  limited by the expenditure limitations of this section.
    (b)  In reviewing claims that expenditures are exempt from expenditure
  limitations by reason of paragraph (a) of this  subdivision,  the  board
  shall  not require the participating candidate or principal committee to
  provide detailed documentation substantiating  such  exempt  expenditure
  claims  unless  the  board  has reason to believe that expenditures have
  been erroneously or falsely claimed to be exempt in disclosure reports.
    (c) Notwithstanding paragraph (b)  above,  a  participating  candidate
  shall  be  required to provide detailed documentation substantiating all
  exempt expenditure claims made  pursuant  to  this  subdivision  if  the
  aggregate  exempt expenditure claims made by the participating candidate
  exceed  an  amount  equal  to  seven  and  one-half   percent   of   the
  participating candidate's applicable expenditure limitation.