2006 New York Code - Definitions.

 
    § 3-702 Definitions. For purposes of this chapter, the following terms
  shall have the following meanings:
    1.  The  term  "participating  candidate" shall mean any candidate for
  nomination for election, or election, to the  office  of  mayor,  public
  advocate,  comptroller,  borough president or member of the city council
  who files a written certification pursuant  to  section  3-703  of  this
  chapter.
    2.  The term "principal committee" shall mean the authorized committee
  designated by a candidate pursuant to paragraph (e) of subdivision 1  of
  section  3-703  or  paragraph (a) of subdivision one of section 3-718 of
  this chapter.
    3. The term "matchable contribution" shall mean  (i)  a  contribution,
  (ii)   contributions   or   (iii)   a   portion  of  a  contribution  or
  contributions, not greater than the applicable  contribution  limitation
  set  forth  in paragraph (f) of subdivision one of section 3-703 for all
  covered elections held in the same calendar  year,  made  by  a  natural
  person  resident  in  the  city of New York to a participating candidate
  which has been reported  in  full  to  the  campaign  finance  board  in
  accordance  with  subdivision  six  of  section 3-703 by the candidate's
  principal committee and has  been  contributed  on  or  before  December
  thirty-first  in the year of such election that may be matched by public
  funds  in  accordance  with  the  provisions  of   this   chapter.   Any
  contribution,  contributions,  or a portion of a contribution determined
  to be invalid for matching funds by the board may not be  treated  as  a
  matchable  contribution  for any purpose. A loan may not be treated as a
  matchable contribution. The following contributions are not matchable:
    (a) in-kind contributions of property, goods, or services;
    (b) contributions in the form of the purchase price paid for  an  item
  with significant intrinsic and enduring value;
    (c)  contributions  in  the  form  of  the  purchase price paid for or
  otherwise induced by a chance to participate in a raffle, lottery, or  a
  similar drawing for valuable prizes;
    (d)  money  order  contributions from any one contributor that are, in
  the aggregate, greater than $100;
    (e) contributions from individuals under the age  of  eighteen  years;
  and
    (f)  contributions  from  individual vendors to whom the participating
  candidate or his or her principal committee  makes  an  expenditure,  in
  furtherance  of  the  nomination for election or election covered by the
  candidate's certification, unless such  expenditure  is  reimbursing  an
  advance.
    4. The term "qualified campaign expenditure" shall mean an expenditure
  for which public funds may be used.
    5.  The  term  "fund"  shall  mean the New York city election campaign
  finance fund.
    6. The term "threshold for eligibility" shall mean the total amount of
  matchable contributions that a participating candidate and  his  or  her
  principal  committee must receive in order for such candidate to qualify
  for optional public financing pursuant to this chapter.
    7. The term "authorized committee" shall mean  a  political  committee
  which  has been authorized by one or more candidates to aid or take part
  in the elections of such candidate or candidates and which has  filed  a
  statement  that  such  candidate  or  candidates  have  authorized  such
  political committee pursuant to section 14-112 of the election law.
    8. The term "contribution" shall mean:  (a)  any  gift,  subscription,
  advance,  or  deposit of money or any thing of value, made in connection
  with the nomination for election, or election, of any candidate; (b) any
  funds received by a political committee from another political committee


  to the extent such funds do not constitute a transfer; (c) any  payment,
  by any person other than a candidate or a political committee authorized
  by  the  candidate, made in connection with the nomination for election,
  or election, of any candidate, including but not limited to compensation
  for  the  personal  services  of  any  individual  which are rendered in
  connection with a candidate's election  or  nomination  without  charge;
  provided  however,  that  none  of  the  foregoing  shall  be  deemed  a
  contribution if it is  made,  taken  or  performed  by  a  person  or  a
  political committee independent of the candidate or his or her agents or
  political  committees  authorized  by such candidate pursuant to section
  14-112 of the  New  York  state  election  law.  For  purposes  of  this
  subdivision, the term "independent of the candidate or his or her agents
  or political committees authorized by such candidate pursuant to section
  14-112 of the New York state election law" shall mean that the candidate
  or  his  or  her  agents  or  political committees so authorized by such
  candidate did not authorize, request, suggest, foster  or  cooperate  in
  any  such  activity;  and provided further, that the term "contribution"
  shall not include:
    (i) the value of services provided without compensation by individuals
  who volunteer a portion or all of their time on behalf of a candidate or
  political committee,
    (ii) the use of real or personal property and the cost of invitations,
  food and beverages voluntarily provided by an individual to a  candidate
  or  political  committee  on  the  individual's residential premises for
  candidate-related activities to the extent such services do  not  exceed
  five hundred dollars in value, and
    (iii)  the  travel  expenses  of  any individual who on his or her own
  behalf volunteers his or her  personal  services  to  any  candidate  or
  political  committee to the extent such expenses are unreimbursed and do
  not exceed five hundred dollars in value.
    A loan made to a participating  candidate  or  his  or  her  principal
  committee,  or  a  non-participating  candidate or his or her authorized
  committees other than in the regular course  of  the  lender's  business
  shall  be  deemed,  to  the  extent  not repaid by the date of the first
  covered election in which such candidate is  governed  by  this  chapter
  following  the  date  of  the loan, a contribution by the lender. A loan
  made to a participating candidate or his or her principal committee,  or
  a non-participating candidate or his or her authorized committees in the
  regular  course  of the lender's business shall be deemed, to the extent
  not repaid by the date of  the  first  covered  election  in  which  the
  candidate  is governed by this chapter following the date of the loan, a
  contribution by the  obligor  on  the  loan  and  by  any  other  person
  endorsing,   cosigning,   guaranteeing,   collateralizing  or  otherwise
  providing security for the loan.
    9. The term "transfer" shall mean any exchange of funds or  any  thing
  of  value  between political committees authorized by the same candidate
  pursuant to section 14-112 of the election law and taking part solely in
  his or her campaign.
    10. The term  "covered  election"  shall  mean  any  primary,  run-off
  primary, special, run-off special or general election for nomination for
  election,  or  election,  to  the  office  of  mayor,  public  advocate,
  comptroller, borough president or member of the city council.
    11. The term "political committee" shall mean any  corporation  aiding
  or  promoting and any committee, political club or combination of one or
  more persons operating or cooperating to aid or to promote  the  success
  or  defeat  of a political party or principle, or to aid or take part in
  the election or defeat of a candidate for public office  or  to  aid  or
  take  part  in the election or defeat of a candidate for nomination at a


  primary election or convention, including all proceedings prior to  such
  primary  election, or of a candidate for any party position voted for at
  a primary election, or to aid or defeat the nomination by petition of an
  independent  candidate  for  public  office; but nothing in this chapter
  shall apply to any committee  or  organization  for  the  discussion  or
  advancement of political questions or principles without connection with
  any  vote.  "Political  committee"  shall include any party committee or
  constituted  committee,  as  such  committees  are  defined  in  article
  fourteen of the election law.
    12.  The  term  "intermediary"  shall mean an individual, corporation,
  partnership, political committee, employee organization or other  entity
  which,  other  than  in  the  regular  course  of  business as a postal,
  delivery or messenger service, delivers any  contribution  from  another
  person   or   entity   to   a  candidate  or  an  authorized  committee.
  "Intermediary" shall not include spouses,  domestic  partners,  parents,
  children  or  siblings  of  the  person making such contribution, or any
  fundraising agent, as such term is defined in the rules of the board.
    13. The term "limited participating candidate" shall mean a  candidate
  who  meets  the  requirements  of  paragraph  (a)  of subdivision one of
  section 3-718 of this chapter.
    14. The term "non-participating candidate" shall  mean  any  candidate
  for nomination for election, or election, to the office of mayor, public
  advocate,  comptroller,  borough president or member of the city council
  who does not file a written certification pursuant to section  3-703  or
  meet  the  requirements  of  paragraph (a) of subdivision one of section
  3-718 of this chapter, or who has, or the authorized committees of  such
  candidate  have,  made expenditures in furtherance of the nomination for
  election or election to an office covered by this chapter.
    15.  The  term  "labor  organization"  shall  mean  any   organization
  including  any local, state, district council, joint council or national
  organization which exists and is constituted for the purpose,  in  whole
  or  in  part,  of  collective  bargaining,  or of dealing with employers
  concerning grievances, terms or conditions of employment,  or  of  other
  mutual  aid  or  protection.  For  purposes  of  this  section  a  labor
  organization  shall  also  include  any  political  committee   it   has
  established pursuant to state or federal law.