New York Limited Participation.
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§ 3-718. Limited Participation.
1. Requirements. (a) To be a limited participating candidate, a
candidate for nomination for election or election must:
(i) be a candidate for mayor, public advocate, comptroller, borough
president or member of the city council in a primary, special, or
general election;
(ii) not have filed a certification pursuant to section 3-703 for the
election or elections for which he or she seeks to file a certification
pursuant hereto; and
(iii) (A) file a written certification in such form as may be
prescribed by the campaign finance board, which sets forth his or her
acceptance of and agreement to comply with the terms and conditions of
this section and the rules promulgated hereby, which includes an
affirmation that the candidate has a sufficient amount of personal funds
to fund his or her campaign; and
(B) the deadline for filing such certification for a primary, general,
or special election shall be the deadline date for filing written
certifications pursuant to section 3-703(1)(c) by candidates seeking
nomination for election or election to the same office in the same
calendar year as candidates seeking to file a certification pursuant to
this subparagraph, and the provisions of such section 3-703(1)(c)
relating to the occurrence of an "extraordinary circumstance" shall
apply to limited participating candidates; and
(iv) notify the board in the candidate's written certification as to:
(1) the existence of each authorized committee authorized by such
candidate that has not been terminated, (2) whether any such committee
also has been authorized by any other candidate, and (3) 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 (a)
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, (b) shall not be an authorized committee of any other
candidate, and (c) 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.
(b) A limited participating candidate, and the authorized committees
of such a limited participating candidate, and his or her principal
committee shall comply with the provisions of paragraphs (d), (e), (g),
and (i) of subdivision one, and subdivisions six, six-a, eight, nine,
ten, and twelve of section 3-703 of this chapter.
(c) A limited participating candidate and his or her principal
committee shall not accept, at any time before or after the filing of a
certification pursuant to paragraph (a) of this subdivision, either
directly or by transfer, any monetary or in-kind contribution, or any
loan, guarantee, or other security for such loan made in connection with
such candidate's nomination for election or election, except for
monetary contributions from the candidate to his or her principal
committee made out of the candidate's personal funds, in-kind
contributions made by the candidate to his or her principal committee,
and advances received pursuant to subparagraph (d) of this paragraph.
(d) A limited participating candidate and his or her principal
committee shall make expenditures in furtherance of the election(s) for
which the candidate has filed a certification pursuant to paragraph (a)
of this subdivision, whether before or after the filing of such
certification, only with contributions received pursuant to subparagraph
(c) of this paragraph and, to the extent permitted by rule promulgated
by the board pursuant hereto, advances by the limited participating
candidate.
(e) A limited participating candidate, together with his or her
principal committee, shall not make expenditures which in the aggregate
exceed the applicable expenditure limitations set forth in section
3-706.
(f) Neither a limited participating candidate nor an authorized
committee of a limited participating candidate shall be eligible to
receive public funds pursuant to section 3-705.
(g) If a limited participating candidate is a candidate for the same
office for which he or she filed a certification pursuant to paragraph
(a) of this subdivision in any other election held in the same calendar
year as the election for which such candidate filed such certification,
other than a special election to fill a vacancy, he or she shall be
bound in each such other election by the provisions of this section.
(h) A candidate who files a certification pursuant to paragraph (a) of
this subsection shall not be eligible to file a certification pursuant
to section 3-703.
(i) Notwithstanding any limitations in this chapter, a limited
participating candidate may contribute to his or her own nomination for
election or election with his or her personal funds or property, in-kind
contributions made by the candidate to his or her authorized committees
with the candidate's personal funds or property, and advances made by
the limited participating candidate with the candidate's personal funds
or property. A candidate's personal funds or property shall include his
or her funds or property jointly held with his or her spouse, domestic
partner, or unemancipated children, but shall not include other personal
funds or property of his or her spouse, domestic partner or
unemancipated children.