US Laws, Codes, Statutes & Cases

 
    §  1136.1.  Prohibitions on the use of government funds and resources.
  1.  Definitions. As used in this section:
    (a) "Appear" means to communicate  by  live  and/or  recorded,  visual
  and/or  audio  images  of  the  candidate,  or  to  use  the name of the
  candidate, or both, or in a manner  which  makes  the  identity  of  the
  candidate otherwise apparent by unambiguous reference.
    (b) "Candidate" means an individual who seeks nomination for election,
  or  election,  to  any  elective  office  to  be voted for at a primary,
  general  or  special  election  whether  or  not  the  office  has  been
  specifically  identified at such time and whether or not such individual
  is  nominated  or  elected;  an  individual  shall  be  deemed  to  seek
  nomination  for  election,  or election, to an elective office, if he or
  she has (1) taken the action necessary to qualify himself or herself for
  nomination for election, or election, or (2) received  contributions  or
  made  expenditures,  given  his  or  her consent for any other person to
  receive contributions or make expenditures,  with  a  view  to  bringing
  about  his  or her nomination for election, or election, to any elective
  office at any time whether in the year in which  such  contributions  or
  expenditures are made or at any other time.
    (c)  "Electioneering  message"  means a statement designed to urge the
  public to elect or defeat a certain candidate for  elective  office,  or
  support  or  oppose a particular political party, or support or oppose a
  particular referendum question.
    (d) "Elective office" means any elective  office,  including  federal,
  state, and local offices.
    (e)  "Mass  mailing"  means  identical  or  nearly identical pieces of
  literature or other mass communication totaling more  than  one  hundred
  items,   including   but  not  limited  to  newsletters,  pamphlets  and
  informational materials, which are mailed to residents or voters, or any
  group or classification thereof, other  than  in  response  to  specific
  inquiries or requests made by members of the public.
    (f)  "Participate"  means  to  authorize,  request,  suggest,  foster,
  cooperate, and encompasses actions and omissions of both  the  candidate
  for  elective  office  and  any agent acting on behalf of the candidate,
  including a political committee authorized by the candidate.
    (g) "Public servant" means all officials, officers  and  employees  of
  the  city, including members of community boards and members of advisory
  committees, except unpaid members of advisory committees  shall  not  be
  public servants.
    2. (a) No public servant who is a candidate for nomination or election
  to any elective office or the spouse of such public servant shall appear
  or   otherwise   participate  in  any  advertisement  or  commercial  on
  television, radio, in print or by  electronic  means  on  the  Internet,
  which  is  funded,  in whole or part, by governmental funds or resources
  from January first in the year an  election  for  such  elective  office
  shall  be  held  through the day of the last election that year for that
  office, in which the candidate seeks nomination or election.
    (b) No public servant who is a candidate for nomination or election to
  any elective office or the spouse of  such  public  servant  shall  use,
  cause  another  person to use, or participate in the use of governmental
  funds or resources for a mass mailing that is postmarked, if mailed,  or
  delivered, if by other means, less than ninety days prior to any primary
  or general election for any elective office for which office such person
  is  a  candidate  for  nomination or election; provided, however, that a
  candidate may send one mass  mailing,  which  shall  be  postmarked,  if
  mailed,  or  delivered, if by other means, no later than twenty-one days
  after the adoption of the  executive  budget  pursuant  to  section  two
  hundred  fifty-four. No such mass mailing shall be intentionally sent to

  individuals outside the particular council district, borough,  or  other
  geographic area represented by such candidate.
    (c)  No public servant shall use governmental funds or resources for a
  public communication that contains an electioneering message,  including
  but  not  limited  to  information  placed  by  electronic  means on the
  Internet.
    (d). In the case of a candidate  in  a  special  election  to  fill  a
  vacancy  in an elective office, the prohibitions set forth in paragraphs
  (a) and (b) of this subdivision shall apply from  the  day  the  special
  election is declared through the day of the special election.
    3.   (a)  Nothing  in  this  section  shall  prohibit  appearances  or
  participation by public servants in or the use of governmental funds  or
  resources for:
    (i) advertisements and other communications required by law;
    (ii) communications necessary to safeguard public health and safety;
    (iii) standard communications in response to inquiries or requests;
    (iv)  ordinary  communications  between public servants and members of
  the public;
    (v)  ordinary  communications  between  elected  officials  and  their
  constituents;
    (vi) bona fide news coverage in print and electronic media; or
    (vii)  debates  among  opposing  candidates  or other public education
  forums.
    (b) Nothing in this section shall be construed to prohibit the  public
  funding  of  candidates  pursuant  to  any  voluntary system of campaign
  finance reform established by local law or the lawful use of such public
  funds by such candidates.
    (c) Nothing in this section shall be deemed to permit any interest  or
  conduct  prohibited  by  chapter  sixty-eight  of this charter or by any
  rule, regulation, opinion, or determination of the conflicts of interest
  board issued pursuant thereto or to restrict in any way the  powers  and
  obligations of the conflicts of interest board.
    4.  The  intentional  or  knowing  violation  of this section shall be
  punishable as a misdemeanor in addition to any other penalty as  may  be
  provided  under law. Additionally, the campaign finance board shall have
  the power to investigate and determine whether any use  of  governmental
  funds  or resources pursuant to paragraph (b) of subdivision two of this
  section is a violation of such  paragraph  and,  if  such  violation  is
  found,  whether  such  use  of  government  resources  also  violates or
  constitutes a contribution and/or expenditure  under  chapter  seven  of
  title  three  of  the administrative code of the city of New York or any
  rule promulgated thereunder. The campaign finance board may assess civil
  penalties, upon giving written notice  and  the  opportunity  to  appear
  before  the  board, against candidates for offices covered by the system
  of campaign finance reform, in an amount not in excess of  ten  thousand
  dollars for each such violation.