New York Application Of The Contribution And Expenditure Limitations To Certain Political Activities.




 
    § 3-716 Application of the contribution and expenditure limitations to
  certain  political  activities.  1.  Nothing  in  this  chapter shall be
  construed to restrict candidates or their agents from making appearances
  at events sponsored or paid for by  persons,  political  committees,  or
  other entities that are not in any way affiliated with such candidate or
  any  agent  of  such  candidate.  The  costs of such events shall not be
  considered contributions to or expenditures by such a candidate pursuant
  to this chapter solely because such an appearance is made; provided that
  this subdivision shall not apply to  any  event  in  relation  to  which
  contributions are solicited on behalf of such candidate.
    2.  The  following  activities  in  support  of  other candidates by a
  participating, or limited participating or  non-participating  candidate
  or  his or her principal committee shall not be considered contributions
  to or expenditures by such participating, or  limited  participating  or
  non-participating candidate or his or her principal committee, except to
  the  extent such activities are paid for by such candidate or his or her
  principal committee for a covered election:
    (a) The act alone of endorsing or appearing with another candidate for
  public office, party nomination or party position.
    (b) The insubstantial communication of such endorsement or  appearance
  described  in paragraph (a), such as where the participating, or limited
  participating or non-participating candidate's name is  one  of  several
  names  appearing on the communication and is of equivalent prominence as
  the other names.
    (c) Fundraising assistance to another candidate in the form of written
  communications  that  do  not  promote  the  participating,  or  limited
  participating  or non-participating candidate, such as the appearance of
  the  participating,  or  limited  participating   or   non-participating
  candidate's  name  or signature on a letter soliciting funds for another
  candidate  or  the  appearance  of  such   participating,   or   limited
  participating  or  non-participating  candidate's  name  on  fundraising
  material  where  such  participating,  or   limited   participating   or
  non-participating candidate's name appears alone or with other names and
  is of equivalent prominence as the other names.
    (d)  A typical communication by a political club to its members, which
  includes the name  of  a  participating,  or  limited  participating  or
  non-participating  candidate,  provided that such candidate is already a
  member of the political club, the political  club  has  fewer  than  500
  members,  and  the  communication does not solicit funds on behalf of or
  otherwise promote such candidate's campaign for a covered election.
    3. The communication of an endorsement  or  appearance  which  is  not
  insubstantial  under  paragraph  (b)  of  subdivision  two,  fundraising
  assistance which is promotional under paragraph (c) of  subdivision  two
  and  a political club communication which does not meet the requirements
  of paragraph (d) of subdivision  two,  shall  be  contributions  to  and
  expenditures   by   the   participating,  or  limited  participating  or
  non-participating candidate. Among the factors the board shall  consider
  in  determining  the value of the contribution to and expenditure by the
  participating, or limited participating or  non-participating  candidate
  are the following factors:
    (a) the focus of the communication;
    (b) the geographical distribution or location of the communication;
    (c) the subject matter of the communication;
    (d)  the  references to the participating, or limited participating or
  non-participating   candidate   or   the   participating,   or   limited
  participating   or  non-participating  candidate's  appearances  in  the
  communication;

(e) the relative prominence of a participating, or limited participating or non-participating candidate's references or appearances in the communication, including the size and location of such references and any photographs of the participating, or limited participating or non-participating candidate; and (f) the timing of the communication.