N.Y. ADC. LAW § 3-703 : NY Code - Section 3-703: Eligibility and other requirements
Search N.Y. ADC. LAW § 3-703 : NY Code - Section 3-703: Eligibility and other requirements
1. To be eligible for
optional public financing under this chapter, a candidate for nomination
for election or election must:
(a) meet all the requirements of law to have his or her name on the
ballot;
(b) be a candidate for mayor, public advocate, comptroller, borough
president or member of the city council in a primary, special, or
general election and meet the threshold for eligibility set forth in
subdivision two of this section;
(c) choose to participate in the public funding provisions of this
chapter, by filing a written certification in such form as may be
prescribed by the campaign finance board, which sets forth his or her
acceptance of an agreement to comply with the terms and conditions for
the provision of such funds. The deadline for filing such certification
for a primary and general election shall be:
(i) the tenth day of June in the year of the covered election, or such
other later date as the board shall provide, provided, however, that any
candidate who files such written certification prior to such date shall
be permitted to rescind such certification in writing on or before such
date;
(ii) the thirtieth day after a special election is held to fill a
vacancy for the office sought by the candidate;
whichever is later. The deadline for filing such certification for a
special election to fill a vacancy shall be on the seventh day after the
proclamation of such special election. A certification may be filed on
or before the seventh day after the occurrence of an extraordinary
circumstance in an election, as declared by the campaign finance board,
following the receipt and review of a petition submitted by a candidate
in such election. For purposes of this paragraph, an "extraordinary
circumstance" shall include the death of a candidate in the election,
the resignation or removal of the person holding the office sought, and
the submission to the board of a written declaration by an officeholder
that terminates his or her campaign for reelection;
(d) obtain and furnish to the campaign finance board and his or her
principal committee or authorized committees must obtain and furnish to
the board any information it may request relating to his or her campaign
expenditures or contributions and furnish such documentation and other
proof of compliance with this chapter as may be requested by such board,
provided, however, that the board shall accept such required
documentation through an electronically scanned transmission;
(e) notify the board in the candidate's written certification as to:
(i) the existence of each authorized committee authorized by such
candidate that has not been terminated, (ii) whether any such committee
also has been authorized by any other candidate, and (iii) 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 (i)
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, (ii) shall not be an authorized committee of any other
candidate, and (iii) 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;
(f) not accept and his or her principal committee or authorized
committees must not accept, either directly or by transfer, any
contribution or contributions from any one individual, partnership,
political committee, labor organization or other entity for all covered
elections held in the same calendar year in which he or she is a
participating candidate or a non-participating candidate which in the
aggregate: (i) for the office of mayor, public advocate or comptroller
shall exceed four thousand five hundred dollars, or (ii) for borough
president, shall exceed three thousand five hundred dollars, or (iii)
for member of the city council, shall exceed two thousand five hundred
dollars; provided that a participating candidate and his or her
principal committee or a non-participating candidate and his or her
authorized committees may accept additional contributions which do not
exceed one half the amount of the applicable limitation for any run-off
primary election, additional day for voting held pursuant to
section 3-108 of the New York state election law, special election to
fill a vacancy, run-off special election to fill a vacancy, delayed or
otherwise postponed election, or election held pursuant to court order
which is a covered election and in which the candidate seeks nomination
for election or election; and provided further that for the purposes of
this paragraph, contributions made by different labor organizations
shall not be aggregated or treated as contributions from a single
contributor for purposes of the contribution limit that is set forth in
this paragraph if those labor organizations make contributions from
different accounts, maintain separate accounts with different
signatories, do not share a majority of members of their governing
boards, and do not share a majority of the officers of their governing
boards; and provided further that if state law prescribes a contribution
limitation of a lesser amount, this paragraph shall not be deemed to
authorize acceptance of a contribution in excess of such lesser amount.
The maximum contributions set forth in this paragraph shall be adjusted
in accordance with subdivision seven of this section;
(g) maintain and his or her principal committee or authorized
committees must maintain such records of receipts and expenditures for a
covered election as required by the board;
(h) not make expenditures from or use his or her personal funds or
property or the personal funds or property jointly held with his or her
spouse, domestic partner, or unemancipated children in connection with
his or her nomination for election or election except as a contribution
to his or her principal committee in an amount that does not exceed
three times the maximum contribution amount applicable pursuant to
paragraph (f) of this subdivision. Such candidate shall not make
expenditures from or use other personal funds or property of his or her
spouse, domestic partner or unemancipated children in connection with
his or her nomination for election or election; provided that this
paragraph shall not be construed to limit contributions by persons other
than the candidate;
(i) not make and his or her principal committee must not make
expenditures which in the aggregate exceed the applicable expenditure
limitations set forth in section 3-706;
(j) meet the threshold for eligibility set forth in subdivision two of
this section;
(k) not accept and his or her principal committee must not accept,
either directly or by transfer, any contribution, loan, guarantee, or
other security for such loan from any political committee for all
covered elections held in the same calendar year in which he or she is a
participating candidate, except as is otherwise provided for
contributions by political committees pursuant to section 3-707 of this
chapter; and
(l) not accept and his or her principal committee or authorized
committees must not accept, either directly or by transfer, any
contribution, loan, guarantee, or other security for such loan from any
corporation, limited liability company, limited liability partnership or
partnership, other than a corporation, limited liability company,
limited liability partnership or partnership that is a political
committee as defined in subdivision eleven of section 3-702 of this
chapter, for all covered elections held in the same calendar year in
which he or she is a participating or non-participating candidate,
provided, however, that where a contribution is from a contributor whose
name is followed by a professional designation including but not limited
to "M.D.", "Esq." and "C.P.A." the board shall not treat such
contribution as coming from a corporation, limited liability company,
limited liability partnership or partnership in the absence of further
indicia that such contribution is from such an entity;
(m) fulfill the requirements of section 12-110 of the administrative
code of the city of New York, including payment of any penalties as
determined by the conflicts of interest board.
(i) The conflicts of interest board shall provide a participating
candidate with a receipt indicating proof of compliance with section
12-110 of the administrative code of the city of New York in such form
as the conflicts of interest board shall determine. Such receipt as
provided by the conflicts of interest board shall indicate the time and
date of filing of the financial disclosure report.
(ii) A participating candidate shall provide the campaign finance
board with the receipt provided by the conflicts of interest board
pursuant to subparagraph (i) of this paragraph, in such form and manner
as the campaign finance board shall require, by the last business day of
July in the year of the covered election, or such other later date as
the campaign finance board shall provide by rule, except that in a
special election to fill a vacancy the deadline for filing such receipt
shall be established by campaign finance board rule.
(iii) A participating candidate who fails to adhere to the
requirements of subparagraph (ii) of this paragraph may thereafter
satisfy the requirements of this paragraph by submitting a receipt in
accordance with subparagraph (i) of this paragraph at such times and in
such manner as provided by campaign finance board rule. The campaign
finance board shall thereafter allow the participating candidate to make
a claim for public funds upon satisfying the requirements of this
paragraph and all other applicable law, rules and regulations; provided,
however that a receipt that is not filed timely pursuant to subparagraph
(ii) of this paragraph may result in a delay of any payment of public
funds by the board; and
(n) satisfy any claim made by the board for the payment of civil
penalties or repayment of public funds that remains outstanding against
such candidate or his or her principal committee or an authorized
committee of such candidate from a prior covered election, if (i) the
candidate had written notice of such potential claim and ineligibility
to receive public funds prior to filing a written certification for the
current covered election pursuant to paragraph (c) of this subdivision,
or (ii) in the event no such timely notice has been given pursuant to
subparagraph (i), the candidate has been given an opportunity to present
to the board reasons he or she should be eligible to receive public
funds.
(o) agree that expenditures by his or her principal committee for the
purpose of advocating a vote for or against a proposal on the ballot in
an election that is also a covered election shall be subject to the
contribution and expenditure limitations applicable in such covered
election.
1-a. Notwithstanding any inconsistent provision of this section, a
participating candidate or his or her principal committee may not
accept, either directly or by transfer, any contribution or
contributions for a covered election in which he or she is a
participating candidate from a natural person who has business dealings
with the city, as that term is defined in subdivision eighteen of
section 3-702 of this chapter, if the aggregate of such contributions to
such candidate from such person for all covered elections in the same
calendar year exceeds: (i) for the office of mayor, public advocate or
comptroller four hundred dollars; (ii) for borough president three
hundred twenty dollars; and (iii) for member of the city council two
hundred fifty dollars; provided that a participating candidate or his or
her principal committee may accept additional contributions which do not
exceed one half the amount of the applicable limitation for any run-off
primary election, additional day for voting held pursuant to section
3-108 of the New York state election law, special election to fill a
vacancy, run-off special election to fill a vacancy, delayed or
otherwise postponed election, or election held pursuant to court order
which is a covered election and in which the candidate seeks nomination
for election or election. Any contribution made pursuant to this section
shall not be a matchable contribution. For purposes of this subdivision,
"person" shall include any chief executive officer, chief financial
officer and/or chief operating officer of an entity which has business
dealings with the city, any person employed in a senior managerial
capacity regarding such an entity, or any person with an interest in
such an entity which exceeds ten percent of the entity. For purposes of
this subdivision, the phrase "senior managerial capacity" shall mean a
high level supervisory capacity, either by virtue of title or duties, in
which substantial discretion and oversight is exercised over the
solicitation, letting or administration of business transactions with
the city, including contracts, franchises, concessions, grants, economic
development agreements and applications for land use approvals.
Notwithstanding any provision of this subdivision, the limitations on
contributions contained herein shall not apply to any contribution made
by a natural person who has business dealings with the city to a
participating candidate or his or her principal committee where such
participating candidate is the contributor, or where such participating
candidate is the contributor's parent, spouse, domestic partner,
sibling, child, grandchild, aunt, uncle, cousin, niece or nephew by
blood or by marriage.
1-b. Individuals and organizations having business dealings with the
city of New York. a. Each participating candidate and his or her
principal committee shall inquire of every individual or entity making,
a contribution, loan, guarantee or other security for such loan in
excess of the amounts set forth in subdivision 1-a of section 3-703,
through a question, in a form prescribed by the campaign finance board,
as to whether such individual, corporation, partnership, political
committee, employee organization or other entity has business dealings
with the city, as that term is defined in this chapter, and, if so, the
name of the agency or entity with which such business dealings are or
were carried on and the appropriate type or category of such business
dealings. Such form shall contain in prominent typeface and in a
prominent location the statement "If a contributor has business dealings
with the City as defined in the campaign finance act, such contributor
may contribute only up to two hundred fifty dollars for city council,
three hundred twenty dollars for borough president and four hundred
dollars for mayor, comptroller or public advocate." Upon receipt of the
response to such inquiry (including any failure to respond), the
principal committee shall keep a copy in its records and shall report
each contribution to the board on the next applicable filing deadline in
accordance with the board's disclosure schedule. The board shall check
each contribution against the doing business database and shall notify
the principal committee within twenty days of the reporting of such
contribution if a contribution exceeding the doing business contribution
limitation set forth in subdivision 1-a of section 3-703 is subject to
such limitations of this subchapter or if a contribution is not
matchable pursuant to such subdivision. Notwithstanding any provision in
this subdivision, in the six weeks preceding the covered election the
board shall provide such notification to the principal or authorized
committee within three business days of the reporting of such
contribution to the board in accordance with applicable reporting
deadlines. If the board fails to notify the principal committee that a
contribution is in excess of the limitations set forth in subdivision
1-a of section 3-703 of this chapter in accordance with this
subdivision, any such contribution shall be deemed valid for purposes of
such limitation, provided, however, that no such contribution shall be
matchable. Such principal committee shall have twenty days from the date
of any such notification to return the amount of any contribution in
excess of the limitations set forth in subdivision 1-a of section 3-703
to the contributor. No violation shall issue and no penalty shall be
imposed where such excess amount is postmarked or delivered within
twenty days of such notification by the board and the board shall not
designate a candidate as having accepted a contribution in excess of
such limitations where such excess has been returned in accordance with
the time limitations set forth herein. Failure to return such excess
amount in accordance with the provisions herein shall not result in the
board withholding public funds for which the participating candidate's
principal committee is otherwise eligible pursuant to section 3-705 of
this chapter; provided, however, that the board may deduct an amount
equal to the total unreturned contributions in excess of the limitations
set forth in subdivision 1-a of section 3-703 of this chapter from such
payment of public funds. For purposes of this section, "individual"
shall include any chief executive officer, chief financial officer,
and/or chief operating officer of an entity or persons serving in an
equivalent capacity, any person in a senior managerial capacity
regarding an entity, or any person with an interest in an entity, which
exceeds ten percent of the entity. For purposes of this subdivision, the
phrase "senior managerial capacity" shall mean a high level supervisory
capacity, either by virtue of title or duties, in which substantial
discretion and oversight is exercised over the solicitation, letting or
administration of business transactions with the city, including
contracts, franchises, concessions, grants, economic development
agreements, and applications for land use approvals. Notwithstanding any
other provision of this section, no participating candidate shall be
liable for any fine or penalty for the failure of any contributor to
respond to any such request or for any erroneous response.
2. (a) The threshold for eligibility for public funding for
participating candidates in a primary or general election, or special
election to fill a vacancy, shall be in the case of:
(i) mayor, not less than two hundred fifty thousand dollars in
matchable contributions comprised of sums up to one hundred seventy-five
dollars per contributor including at least one thousand matchable
contributions of ten dollars or more;
(ii) public advocate and comptroller, not less than one hundred
twenty-five thousand dollars in matchable contributions comprised of
sums of up to one hundred seventy-five dollars per contributor including
at least five hundred matchable contributions of ten dollars or more;
(iii) borough president, an amount equal to the number of persons
living in such borough as determined by the last census multiplied by
two cents in matchable contributions comprised of sums of up to one
hundred seventy-five dollars per contributor including at least one
hundred matchable contributions of ten dollars or more from residents of
the borough, or ten thousand dollars comprised of sums of up to one
hundred seventy-five dollars per contributor, whichever is greater.
(iv) member of the city council, not less than five thousand dollars
in matchable contributions comprised of sums of up to one hundred
seventy-five dollars per contributor including at least seventy-five
matchable contributions of ten dollars or more from residents of the
district in which the seat is to be filled.
(b) Any participating candidate meeting the threshold for eligibility
in a primary election for one of the foregoing offices shall be deemed
to have met the threshold for eligibility for such office in any other
election, other than a special election to fill a vacancy, held in the
same calendar year.
3. In order to be eligible to receive public funds in a primary
election a participating candidate must agree that in the event he or
she is a candidate for such office in any other election held in the
same calendar year, other than a special election to fill a vacancy,
that he or she will be bound in each such other election by the
eligibility requirements and all other provisions of this chapter.
4. Candidates who are contested in a primary election for nomination
for election to office and who do not file a written certification
pursuant to paragraph (c) of subdivision one of this section shall not
be eligible for public funds for any election to such office held in the
same calendar year other than a special election to fill a vacancy.
5. Participating candidates who are seeking nomination or election
exclusively as write-in candidates, who are unopposed in a covered
election, or who are opposed in a covered election only by candidates
seeking nomination or election exclusively as write-in candidates, shall
not be eligible to receive public funds for such election.
6. (a) Each participating or limited participating candidate and his
or her principal committee, and each non-participating candidate and his
or her authorized committees shall report to the board every
contribution, loan, guarantee, or other security for such loan received
by the candidate and such committee, the full name, residential address,
occupation, employer, and business address of each contributor, lender,
guarantor, or provider of security and of each person or entity which is
the intermediary for such contribution, loan, guarantee, or other
security for such loan, and every expenditure made by the candidate and
such committee, including expenditures not subject to section 3-706.
Disclosure reports shall be submitted at such times and in such form as
the board shall require and shall be clearly legible.
(b) Notwithstanding paragraph (a) above:
(i) an intermediary need not be reported for any contribution to a
participating or limited participating candidate and his or her
principal committee or a non-participating candidate and his or her
authorized committees that was collected from a contributor in
connection with a party or other candidate-related event held at the
residence of the person delivering the contribution, unless the expenses
of such events at such residence for such candidate exceed five hundred
dollars for a covered election or the aggregate contributions received
from that contributor at such events exceed five hundred dollars;
(ii) contributions aggregating not more than ninety-nine dollars from
any one contributor for all covered elections held in a single calendar
year or for a special election need not be separately itemized in
disclosure reports submitted to the board on behalf of a participating,
or limited participating or non-participating candidate and his or her
principal committee or authorized committees, provided, however, that
contributions which are not itemized shall not be matchable;
(iii) the treasurer of the principal committee need not collect or
disclose the occupation, employer, and business address of any
contributor making contributions aggregating not more than ninety-nine
dollars for all covered elections held in a single calendar year or for
a special election; provided, however, such occupation, employer, and
business address shall be disclosed if such contributors are employees
of a participating or limited participating candidate or the spouse or
domestic partner of such candidate or an entity in which such candidate,
spouse or domestic partner has an ownership interest of ten percent or
more or a management position, including, but not limited to, being an
officer, director or trustee; and
(iv) disclosure reports, other than reports required to be filed every
six months in accordance with the schedule specified by the New York
state board of elections, need not be submitted on behalf of a
participating or limited participating candidate and his or her
principal committee or a non-participating candidate and his or her
authorized committees if the cumulative amount of contributions and
loans accepted by such candidate and committee following the period
covered in the last disclosure report submitted to the campaign finance
board on behalf of such candidate is less than two thousand dollars or
such higher amount as may be determined by the campaign finance board,
provided, however, that disclosure reports shall be submitted on behalf
of a participating or limited participating candidate and his or her
principal committee or a non-participating candidate and his or her
authorized committees if that candidate and his or her committee have
made expenditures in excess of forty-five percent of the expenditure
limitation applicable to participating and limited participating
candidates under section 3-706. The campaign finance board shall make
available to the public a copy of disclosure reports within two business
days after they are accepted by the board.
6-a. Any rules promulgated by the board to require that disclosure
reports submitted pursuant to this chapter be submitted in an electronic
format shall provide exemptions for small campaigns, as defined by board
rules, and for other campaigns that demonstrate that submission in an
electronic format would pose a substantial hardship.
7. Not later than the first day of March in the year two thousand
eighteen and every fourth year thereafter the campaign finance board
shall (i) determine the percentage difference between the average over a
calendar year of the consumer price index for the metropolitan New
York-New Jersey region published by the United States bureau of labor
statistics for the twelve months preceding the beginning of such
calendar year and the average over the calendar year two thousand
fifteen of such consumer price index; (ii) adjust each maximum
contribution applicable pursuant to paragraph (f) of subdivision one of
this section by the amount of such percentage difference to the nearest
fifty dollars; and (iii) publish such adjusted maximum contribution in
the City Record. Such adjusted maximum contribution shall be in effect
for any election held before the next such adjustment.
8. If a participating or limited participating candidate and his or
her principal committee or a non-participating candidate and his or her
authorized committees demonstrate to the board that a political
committee has not accepted contributions, loans, or other receipts or
made expenditures or transfers in a covered election, and represent that
such committee will not accept contributions, loans, or other receipts
or make expenditures or transfers in a covered election, the
participating or limited participating candidate and his or her
principal committee or non-participating candidate and his or her
authorized committees may submit to the board legible copies of
financial disclosure reports, required to be filed with the city or
state board of elections, for such committees in lieu of the disclosure
report form designated by the board for purposes of subdivision six of
this section.
9. No political committee authorized by a participating, or limited
participating or non-participating candidate for a covered election may
be authorized to aid or take part in the elections of more than one
candidate.
10. All receipts accepted by a participating or limited participating
candidate and his or her principal committee shall be deposited in an
account of the principal committee. All receipts accepted by a
non-participating candidate and his or her authorized committees shall
be deposited in an account of the authorized committees. The treasurer
of the principal committee or authorized committee shall be responsible
for making such deposits. All deposits shall be made within ten business
days of receipt; provided, however, that deposits of contributions made
in the form of checks received by a participating, or limited
participating or non-participating candidate and his or her committees
for the office of city council more than one year before the first
covered election for which such candidate is seeking nomination or
election may be made within twenty business days of receipt. Each
disclosure report filed pursuant to subdivision six of this section
shall include the date of receipt of each contribution accepted.
11. Regardless whether a participating candidate demonstrates
eligibility for optional public financing under this chapter, a
participating candidate and his or her principal committee are
nonetheless required to abide by the requirements of paragraphs (d),
(e), (f), (g), (h), (i), (k) and (l) of subdivision one of this section.
12. (a) Each participating candidate or limited participating
candidate for nomination for election, or election, or the principal
committee of such candidate, shall submit, in a contemporaneous manner,
the disclosure reports required pursuant to this chapter, filed in
accordance with the schedule specified by the state board of elections
for the filing of campaign receipt and expenditure statements, and such
other disclosure reports as the rules of the board may require, in order
for any contributions received during the periods covered by such
reports and prior to the last date upon which such candidate may file a
certification pursuant to paragraph (c) of subdivision one of this
section to qualify as matchable contributions.
(b) The board shall review each disclosure report timely submitted by
a candidate prior to the last date upon which such candidate may file a
certification pursuant to paragraph (c) of subdivision one of this
section, or subdivision one of section 3-718, and issue to the candidate
a review before the next disclosure report is due. Such review shall
inform the candidate of relevant questions the board has concerning the
candidate's: (i) compliance with requirements of this chapter and of the
rules issued by the board; and (ii) qualification for receiving public
funds pursuant to this chapter. In the course of this review, the board
shall give candidates an opportunity to respond to and correct potential
violations, before the deadline for filing a certification pursuant to
paragraph (c) of subdivision one of this section, or subdivision one of
section 3-718, and give candidates an opportunity to address questions
the board has concerning their matchable contribution claims or other
issues concerning eligibility for receiving public funds pursuant to
this chapter; provided, however, this paragraph shall not apply to the
last required disclosure report before the deadline for filing a
certification pursuant to paragraph (c) of subdivision one of this
section or subdivision one of section 3-718. Nothing in this paragraph
shall preclude the board from subsequently reviewing such disclosure
reports and taking any action otherwise authorized under this chapter.
13. Candidates who file a certification pursuant to subdivision one of
this section shall not be eligible to file a certification pursuant to
section 3-718, and candidates who file a certification pursuant to
section 3-718 shall not be eligible to file a certification pursuant to
subdivision one of this section.
14. (a) Transfers that a principal committee receives from a political
committee (other than another principal committee) at any time during an
election cycle shall:
(i) be attributed to previous contributions in accordance with the
duly promulgated rules of the campaign finance board applicable to such
transfer or use;
(ii) exclude an amount equal to the total of:
(A) such previous contributions, or portions thereof, that violate the
limitations, restrictions, or prohibitions of the charter and this
chapter applicable in the covered election for which the principal
committee is designated; and
(B) such previous contributions, or portions thereof, for which the
principal committee has not obtained and submitted to the board, prior
to receipt of the transfer, evidence of the contributor's intent to
designate the contribution for such covered election, and any other
record, as determined by the rules of the board; and
(iii) not be matchable.
(b) Each transfer, the contributions to which the transfer is
attributed, and all expenditures made in connection with such
contributions shall be reported to the board in the next disclosure
report due pursuant to this section 3-703 after the transfer is
received. These expenditures shall, at a minimum, include all
expenditures made by the political committee making the transfer during
the election cycle of the covered election. The board shall issue
instructions defining the circumstances in which such disclosure reports
shall also include additional expenditures made by other political
committees authorized by the participating candidate that originally
received such contributions and additional expenditures made prior to
such election cycle. Such expenditures shall be applied to the
expenditure limit applicable under 3-706.
(c) Participating candidates shall have the burden of demonstrating
that expenditures reported pursuant to paragraph (b) of this subdivision
are not subject to the expenditure limit applicable under section 3-706
and are not a basis for reducing public funds payments pursuant to
subdivision eight of section 3-705 of this chapter.
(d) Nothing in this subdivision is intended to modify or supersede any
federal law that prohibits or otherwise restricts the use of campaign or
donated funds by political committees, candidates or federal
officeholders.
15. Participating candidates, their campaign managers, treasurers or
persons with significant managerial control over a campaign shall be
required to attend a training provided by the campaign finance board
concerning compliance with the requirements of the campaign finance
program and use of the campaign finance program software.
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