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