Chapter 7 - CAMPAIGN FINANCING

Section 3-701

Section 3-701

  § 3-701 Short title. This chapter shall be known as the "New York City
campaign finance act."

Section 3-702

Section 3-702

  § 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
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;
  (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;
  (g) contributions from lobbyists  or  other  persons  required  to  be
included  in  a  statement  of  registration  filed  pursuant to section
3-213(c)(1) or section 3-213-d. The board shall  rely  on  the  database
maintained  by  the  city  clerk pursuant to section 3-221 or such other
information known to the board to determine whether  a  contribution  is
not  matchable based on the contributor's status as a lobbyist or person
required to be included in a statement of registration filed pursuant to
section 3-213; and
  (h) contributions from contributors  subject  to  the  limitations  of
subdivision one-a of section 3-703 of this chapter.
  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,  (i)  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 other authorized committee; or (ii)
solicits contributions to a  candidate  or  other  authorized  committee
where  such  solicitation  is  known  to  such  candidate  or his or her
authorized committee. For purposes of clause (ii)  of  this  subdivision
only  persons  clearly  identified as the solicitor of a contribution to
the candidate or his or her authorized committee shall be presumed to be
known  to  such  candidate  or  his   or   her   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 or
any hosts of a campaign sponsored fundraising event paid for in whole or
in part by the campaign. Where there are multiple individual hosts for a
non-campaign sponsored event, the hosts shall designate one such host as
the intermediary.
  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.
  16.   The  term  "lobbyist"  shall  mean  a  lobbyist  as  defined  in
subdivision (a) of section  3-211  of  this  title  and  the  spouse  or

domestic  partner and unemancipated children of the lobbyist, and if the
lobbyist is an organization, the term "lobbyist" shall  mean  only  that
division of the organization that engages in lobbying activities and any
officer  or employee of such lobbyist who engages in lobbying activities
of the organization or is employed in an  organization's  division  that
engages  in  lobbying  activities  of the organization and the spouse or
domestic  partner  and  unemancipated  children  of  such  officers   or
employees.
  17.  The  term "lobbying" or "lobbying activities" shall mean lobbying
and lobbying activities as defined in section 3-211 of this title.
  18. a. The term "business dealings with the city" shall mean  (i)  any
contract  (other  than  an  emergency  contract  or  a contract procured
through publicly-advertised competitive sealed bidding) which is for the
procurement of goods, services or construction that is entered  into  or
in  effect  with the city of New York or any agency or entity affiliated
with the city of New York and is valued at or  above  the  dollar  value
defined in subparagraph (a) of paragraph (3) of subdivision i of section
6-116.2  of  the administrative code, or, with respect to a contract for
construction, at or above five hundred thousand dollars, or an emergency
contract awarded pursuant to section  315  of  the  charter,  and  shall
include any contract for the underwriting of the debt of the city of New
York  or  any  agency or entity affiliated with the city of New York and
the retention of any bond counsel, disclosure counsel  or  underwriter's
counsel  in connection therewith; or (ii) any acquisition or disposition
of real property (other than a public auction or competitive sealed  bid
transaction or the acquisition of property pursuant to the department of
environmental  protection  watershed  land acquisition program) with the
city of New York or any agency or entity affiliated with the city of New
York; or (iii) any application for approval sought from the city of  New
York  pursuant  to  the  provisions  of  section 195 of the charter, any
application for approval sought from the city of New York that has  been
certified  pursuant  to  the provisions of section 197-c of the charter,
and any application for a zoning text amendment that has been  certified
pursuant  to  section  201  of  the charter; provided, however, that for
purposes of this clause, with respect to section 195 an applicant  shall
include  the  lessor  of  an  office  building or office space, and with
respect to  section  197-c  an  applicant  shall  include  a  designated
developer  or  sponsor  of  a  project  for which a city agency or local
development corporation is the applicant and provided, further, however,
that owner-occupants of one, two and three family  homes  shall  not  be
considered  applicants  pursuant  to this clause; or (iv) any concession
(other than a concession awarded through publicly-advertised competitive
sealed bid) or any franchise from the city of New York or any agency  or
entity  affiliated  with  the  city  of  New York which has an estimated
annual value at or above the dollar value defined in subparagraph (a) of
paragraph (3) of subdivision i of section 6-116.2 of the  administrative
code;  or  (v)  any  grant  that  is valued at or above the dollar value
defined in subparagraph (a) of paragraph (3) of subdivision i of section
6-116.2 of the administrative code, received from the city of  New  York
or  any  agency  or entity affiliated with the city of New York; or (vi)
any economic development agreement entered into or in  effect  with  the
city of New York or any agency or entity affiliated with the city of New
York;  or  (vii)  any  contract  for  the  investment  of pension funds,
including investments in  a  private  equity  firm  and  contracts  with
investment  related  consultants.  In  addition,  for  purposes  of this
chapter a lobbyist as defined in section 3-211 of this  title  shall  be
deemed  to  be  engaged  in  business dealings with the city of New York
during all periods covered by a registration statement. For purposes  of

clauses   (i),   (iv)  and  (v)  of  this  subdivision,  all  contracts,
concessions, franchises and grants that are  five  thousand  dollars  or
less  in  value  shall  be excluded from any calculation as to whether a
contract,  concession, franchise or grant is a business dealing with the
city. For purposes of clauses (ii) and (iii) of  this  subdivision,  the
department  of  city  planning,  in  consultation  with  the  board, may
promulgate rules to require the submission by applicants to the city  of
information  necessary to implement the requirements of subdivisions 1-a
and 1-b of section 3-703 of this chapter as they relate to clauses  (ii)
and (iii) of paragraph (a) of this subdivision for purposes of inclusion
in the doing business database established pursuant to subdivision 20 of
this  section.  For  purposes  of  this  subdivision,  "agency or entity
affiliated with the city  of  New  York"  shall  mean  the  city  school
district  of  the  city  of  New  York  and any public authority, public
benefit corporation or not for profit corporation, the majority of whose
board members are officials of the city of New York or are appointed  by
such  officials.  The department of housing preservation and development
shall promulgate  rules  setting  forth  which  categories  of  actions,
transactions and agreements providing affordable housing shall and shall
not  constitute business dealings with the city of New York for purposes
of this subdivision. The department shall consider the  significance  of
the  affordable  housing  program  and  the degree of discretion by city
officials in determining  which  actions,  transactions  and  agreements
shall  and  shall not constitute such business dealings. Notwithstanding
any provision of this subdivision, a housing assistance payment contract
between a landlord  and  the  department  of  housing  preservation  and
development  or  the  New  York  city  housing authority relating to the
provision of rent subsidies pursuant to Section 8 of the  United  States
Housing  Act  of  1937,  42  USC  1437  et.,  seq., shall not constitute
business dealings with the city of New York for  the  purposes  of  this
subdivision.
  b.  Business  dealings  with  the  city as defined in this subdivision
shall be as follows: for purposes of clause (i) of paragraph (a) of this
subdivision, bids or proposals  on  contracts  for  the  procurement  of
goods, services, or construction shall only constitute business dealings
with  the  city  of  New  York  for  the  period  from  the later of the
submission  of  the  bid  or  proposal  or  the  date  of   the   public
advertisement for the contract opportunity until twelve months after the
date  of  such  submission  or  advertisement,  and  contracts  for  the
procurement of goods, services or  construction  shall  only  constitute
business  dealings  with  the  city  of New York during the term of such
contract (or in the case of purchase contracts for goods, from the  date
of  such  purchase)  and for twelve months thereafter, provided, however
that where such contract award is made from a  line  item  appropriation
and/or  discretionary  funds  made by an elected official other than the
mayor or the comptroller, such contract shall only  constitute  business
dealings  with the city from the date of adoption of the budget in which
the appropriation of such contract is included until twelve months after
the end of the term of such contract; for purposes  of  clause  (ii)  of
paragraph a of this subdivision, leases in which the city of New York is
the  proposed  lessee  shall  only constitute business dealings with the
city from the date the application for acquisition is filed pursuant  to
section  195  or  the  date  of  the  certification  of such application
pursuant to section 197-c to a period of one year after the commencement
of the lease term or after the commencement of any  renewal  and,  where
the city or any city affiliated entity is disposing of any real property
interest, shall only constitute business dealings with the city from the
date  of  the  submission  of  a  proposal  and  during  the term of any

agreement and one year after; for purposes of clause (iii) of  paragraph
(a)  of this subdivision, applications for approval sought from the city
of New York pursuant to the provisions of sections 197-c or 201  of  the
charter, except for applications for leases as described in clause (ii),
shall  only  constitute business dealings with the city from the date of
the certification of such application to the date that  is  one  hundred
twenty  days  after  the date of filing by the council with the mayor of
its action pursuant to subdivision e of section 197-d of the charter or,
in the case of a decision of the city planning commission for which  the
council  takes no action pursuant to paragraph (3) of subdivision (b) of
section 197-d of the charter, the date which is  twenty  days  following
the  filing  of such decision with the council pursuant to subdivision a
of section 197-d of the charter, provided, however, that in the case  of
a disapproval of a council action by the mayor pursuant to subdivision e
of  section  197-d of the charter, such date shall be one hundred twenty
days after expiration  of  the  ten  day  period  for  council  override
pursuant  to  such section; for purposes of clause (iv) of paragraph (a)
of this subdivision, bids or proposals for  franchises  and  concessions
shall  only  constitute  business dealings with the city of New York for
the period from the submission of  the  bid  or  proposal  until  twelve
months  after  the  date  of  such  submission,  concessions  shall only
constitute business dealings with the city of New York during  the  term
of such concession and for twelve months after the end of such term, and
franchises  shall only constitute business dealings with the city of New
York for the period of one year after the commencement of  the  term  of
the  franchise or after the commencement of any renewal; for purposes of
clause (v) of paragraph (a) of this subdivision, grants shall constitute
business dealings with the city of New York for one year after the grant
is  made;  for  purposes  of  clause  (vi)  of  paragraph  (a)  of  this
subdivision,  economic  development agreements shall constitute business
dealings with the city from the submission of an  application  for  such
agreement  and  during the term of such agreement and for one year after
the end of such term; and for purposes of clause (vii) of paragraph  (a)
of  this  subdivision,  contracts  for  the investment of pension funds,
including the investments in a private equity firm  and  contracts  with
investment  related  consultants shall constitute business dealings with
the city from the time of presentation of investment opportunity or  the
submission  of  a proposal, whichever is earlier, and during the term of
such contract and for twelve months after the end of such term.
  c. Notwithstanding anything in this subdivision, a person, as  defined
by  subdivision 20 of section 3-702, who has submitted bids or proposals
on contracts for the procurement of goods, services or  construction  or
who  has  submitted bids or proposals for franchises or concessions that
are no longer being considered for an award or  a  person  who  for  any
other  reason believes he or she should not be on the database may apply
to the city chief procurement officer or other person designated by  the
mayor  for removal from the doing business database and shall be removed
from the database upon a determination that said person  should  not  be
included  in  the  database.  The  city  chief  procurement  officer may
promulgate rules for  a  process  by  which  a  person,  as  defined  by
subdivision 20 of section 3-702, may apply to the city chief procurement
officer  for  a  waiver from inclusion in the doing business database as
defined by such  subdivision  in  instances  in  which  such  person  is
providing  essential  goods,  services  or  construction  such  as those
necessary for security or other essential  government  operations.  Such
rules  shall  provide  that  the  city  chief  procurement officer shall
transmit to the board a copy of any application for  a  waiver  and  any
such  waiver may not be granted prior to the expiration of ten days from

the date such application is received by the  board.  Such  rules  shall
also  provide that any such waiver may be granted only after substantial
efforts have been made by the city chief procurement officer  to  obtain
the information required by this law. Such rules shall also provide that
the  city  chief  procurement  officer  may grant the waiver only upon a
finding that it is in the best interests  of  the  city,  which  finding
shall  only  be made upon a determination that (i) there is a compelling
need to obtain such essential goods, services or construction  from  the
person  seeking  the  exemption and (ii) no other reasonable alternative
exists in light of such  considerations  as  cost,  uniqueness  and  the
critical   nature  of  such  goods,  services  or  construction  to  the
accomplishment of the purchasing agency's mission. Such rules  may  also
provide  that  a  waiver  may be granted when a person is doing business
with the city by virtue of the city's exercise of its powers of  eminent
domain.  Any  grant  of  a  waiver shall be posted on the city's and the
board's website in locations that are accessible by the public.
  d. A person, as defined by subdivision 20 of section 3-702,  shall  be
considered  to  have  business dealings with the city as of the date the
person's name is entered in the doing business database, as such date is
indicated in such database, or the date the person began doing  business
with  the city, as such date is indicated in such database, whichever is
earlier, except that the date on which the person  is  considered  doing
business  with the city shall not be earlier than thirty days before the
date the person's name is entered into such database.
  19. The term "economic development agreement" means  any  contract  or
agreement  in  which financial incentives including, but not limited to,
tax incentives, payments in lieu of taxes and financing are  offered  in
return  for  the  development,  attraction  or  retention  of  business;
provided, however that no financial incentives  which  are  given  to  a
person  who  qualifies  for  such incentive by operation of law shall be
deemed to be pursuant to an economic development agreement for  purposes
of this chapter.
  20.  The  term "doing business database" means a computerized database
accessible to the board that contains the  names  of  persons  who  have
business dealings with the city; provided, however, that for purposes of
this  chapter  the  doing  business  database  shall  not be required to
contain the names of any person whose business dealings  with  the  city
are  solely  of  a  type for which the board has not certified that such
database includes the names of those persons engaged  in  such  type  of
business  dealings  with  the  city.  Such  database shall be developed,
maintained and updated by the office of the mayor in a manner so  as  to
ensure its reasonable accuracy and completeness; provided, however, that
in  no  event shall such database be updated less frequently than once a
month. Such computerized database shall contain  a  function  to  enable
members  of the public to determine if a given person is in the database
because such person has business dealings with the city. For purposes of
this definition, the term "person" shall  include  an  entity  that  has
business  dealings  with  the  city,  any chief executive officer, chief
financial officer and/or chief  operating  officer  of  such  entity  or
persons  serving  in  an  equivalent  capacity, any person employed in a
senior managerial capacity regarding such entity, or any person with  an
interest  in  such  entity  which  exceeds  ten  percent  of the entity,
provided, however, that "entity" for purposes of this  definition  shall
not  include a neighborhood, community or similar association consisting
of local residents or homeowners organized on a non-profit  basis  where
such  association  is  the  applicant  pursuant  to  subsection  (3)  of
subdivision (a) of section 197-c of the charter or pursuant  to  section
201 of the charter or is a parent company or an affiliated company of an

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.
  21. a. For purposes of campaigns that accept public funds pursuant  to
section  3-705  of  this  chapter, the terms "expenditure" and "campaign
expenditure" shall include all payments and liabilities  in  furtherance
of  a  political campaign for covered office, including, but not limited
to, all qualified campaign expenditures and expenditures subject  to  or
exempt  from the expenditure limitations of this chapter. There shall be
a  rebuttable  presumption  that  the  following  expenditures  are   in
furtherance  of  a  political  campaign  for  elective office; provided,
however, that the presumptions contained in this subdivision  shall  not
apply  to  an  expenditure  to  a  person  or entity associated with the
candidate; and provided further that in rebutting any  such  presumption
the  campaign finance board may consider factors including the timing of
the expenditure and whether the campaign had an unusually high amount of
spending on a particular type  of  expenditure.  For  purposes  of  this
subdivision a person or entity associated with a candidate shall include
the candidate's spouse, domestic partner, child, parent, or sibling or a
person or entity with whom or with which the candidate has a business or
other financial relationship:
  1.  Contributions  to charitable organizations designated as 501(c)(3)
organizations pursuant to the internal revenue code;
  2. Contributions to candidates and political committees subject to the
provisions of section 3-705(8);
  3. Community events including, but not limited to,  events  hosted  by
civic  and  neighborhood  associations;  provided,  however,  that  this
presumption shall not apply to sporting  events,  concerts,  theater  or
other  entertainment  events which shall be subject to the provisions of
paragraph b;
  4.  Ballot  proposal  advocacy  where  there  are  indicia  that   the
expenditure relates to the candidate;
  5. Travel related solely and exclusively to a political campaign for a
covered  office or the holding of public office; provided, however, that
any travel not related solely and exclusively to a political campaign or
the holding of public office shall  be  subject  to  the  provisions  of
paragraph b;
  6.  Legal  defense of a non-criminal matter arising out of a political
campaign;
  7. Computer hardware, software and other office  technology  purchased
more  than  two weeks before the date of a primary election, in the case
of a candidate who is opposed in the  primary  election,  or  two  weeks
before  the  date  of a general election, in the case of a candidate who
was not opposed in a primary election;
  8. A post-election event for staff, volunteers and/or supporters  held
within thirty days of the election;
  9.  Payment  of  non-criminal  penalties  or  fines  arising  out of a
political campaign;
  10. Costs incurred in demonstrating  eligibility  for  the  ballot  or
public  funds  payments  or  defending against a claim that public funds
must be repaid; and
  11. Food and beverages provided to campaign workers and volunteers.
  b. Campaign funds shall not be converted by any person to  a  personal
use  which  is  unrelated  to  a political campaign. Expenditures not in

furtherance of a political campaign  for  elective  office  include  the
following:
  1. Expenditures to defray the normal living expenses of the candidate,
immediate family of the candidate or any other individual except for the
provision  of  such  expenses  for  professional  staff  as  part  of  a
compensation package;
  2. Any residential or household items, supplies or expenditures;
  3. Clothing, haircuts and other personal grooming;
  4. Funeral,  cremation  or  burial  expenses  including  any  expenses
related to a death within a candidate's or officeholder's family;
  5. Automobile purchases;
  6. Tuition payments and childcare costs;
  7.   Dues,  fees  or  gratuities  at  a  country  club,  health  club,
recreational facility or other nonpolitical organization unless part  of
a  specific  fundraising  event  that  takes place on the organization's
premises;
  8.  Admission  to  a  sporting  event,  theater,  concert   or   other
entertainment event not part of a specific campaign activity;
  9.  Expenditures  for  non-campaign  related  travel,  food,  drink or
entertainment; if a  candidate  uses  campaign  funds  to  pay  expenses
associated  with  travel  that  involves  both  personal  activities and
campaign activities, the  incremental  expenses  that  result  from  the
personal  activities  shall  be  considered  for personal use unless the
candidate benefiting from the use reimburses the campaign account within
thirty days for the full amount of the incremental expenses; and
  10. Gifts, except for brochures, buttons,  signs  and  other  campaign
materials and token gifts valued at not more than fifty dollars that are
for the purpose of expressing gratitude, condolences or congratulations.
  * 22.  The term "text message contribution" shall mean a contribution,
initiated via a text message, to a  participating  or  non-participating
candidate.
  * NB Effective December 12, 2014

Section 3-703

Section 3-703

  §  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.
  * 1-c. Notwithstanding any inconsistent provision of this  section,  a
participating  and  non-participating candidate and his or her principal
or authorized committee may accept text message contributions; provided,
however, that such contributions may not exceed ninety nine dollars  per
contributor per candidate for all covered elections in the same calendar
year,  and  further provided that the contributor shall certify via text
message that he or she will personally pay the amount specified  to  the

wireless  service  provider, and shall provide such other certifications
as the board  shall  require.  A  text  message  contribution  shall  be
attributed  to the individual who is the registered user of the specific
mobile  device  from  which  the  contribution  was  initiated; shall be
reported in accordance with the requirements of subdivision six of  this
section;  and  shall be a matchable contribution pursuant to subdivision
three  of  section  3-702,  provided   such   contribution   meets   the
requirements  of  that subdivision, of this section, and of the rules of
the board.
  * NB Effective December 12, 2014
  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.

Section 3-704

Section 3-704

  §  3-704  Qualified  campaign  expenditures.  1. Public funds provided
under the provisions of this chapter may be used only  for  expenditures
by  a  principal  committee  to  further  the  participating candidate's
nomination for election or election, either in  a  special  election  to
fill  a  vacancy,  or  during  the calendar year in which the primary or
general election in  which  the  candidate  is  seeking  nomination  for
election or election is held.
  2. Such public funds may not be used for:
  (a) an expenditure in violation of any law;
  (b)  payments  made  to  the  candidate or a spouse, domestic partner,
child,  grandchild,  parent,  grandparent,  brother  or  sister  of  the
candidate  or  spouse  or  domestic  partner  of such child, grandchild,
parent, grandparent, brother or sister, or to a business entity in which
the candidate or any such person has a ten percent or greater  ownership
interest;
  (c)  payments  in  excess  of  the  fair  market  value  of  services,
materials, facilities or other things of value received in exchange;
  (d) (i) any expenditure made after  the  candidate  has  been  finally
disqualified or had his or her petitions finally declared invalid by the
New  York  city board of elections or a court of competent jurisdiction,
except that such expenditures may be made:
  (A) as otherwise permitted pursuant to subdivision  seven  of  section
3-709 of this chapter, or
  (B) for a different covered election, other than a special election to
fill  a  vacancy,  held  later  in  the  same calendar year in which the
candidate seeks election for the same office;  provided,  however,  that
public  funds  originally  received  for  a  special  election to fill a
vacancy may not be retained for expenditure in any other election;
  (ii) any expenditure made after the only  remaining  opponent  of  the
candidate  has  been  finally  disqualified  or had his or her petitions
finally declared invalid by the New York city board of  elections  or  a
court  of  competent  jurisdiction, except that such expenditures may be
made for a different covered election, other than a special election  to
fill  a  vacancy,  held  later  in  the  same calendar year in which the
candidate seeks election for the same office;  provided,  however,  that
public  funds  originally  received  for  a  special  election to fill a
vacancy may not be retained for expenditure in any other election;
  (e) payments in cash;
  (f) any contribution, transfer, or loan made to another  candidate  or
political committee;
  (g) gifts, except brochures, buttons, signs and other printed campaign
material;
  (h)  any  expenditure to challenge or defend the validity of petitions
of  designation  or  nomination,  or  of  certificates  of   nomination,
acceptance,  authorization,  declination,  or substitution, and expenses
related  to  the  canvassing  of  election  results,  made  pursuant  to
subdivision four of section 3-706;
  (i)  an  expenditure  made  primarily  for  the  purpose  of expressly
advocating  a  vote  for  or  against  a  ballot  proposal,  other  than
expenditures   made   also  to  further  the  participating  candidate's
nomination for election or election;
  (j) payment of any penalty or fine imposed pursuant to federal,  state
or local law; or
  (k)  payments  made through advances, except in the case of individual
purchases in excess of two hundred fifty dollars.

Section 3-705

Section 3-705

  §  3-705  Optional  public financing. Each participating candidate for
nomination for election or election in a  covered  election  may  obtain
payment  to  his  or  her  principal  committee  from  public  funds for
qualified campaign expenditures, in accordance with  the  provisions  of
this chapter, and subject to appropriation.
  1.  No such public funds shall be paid to a principal committee unless
the board determines  that  the  participating  candidate  has  met  the
eligibility  requirements  of this chapter. Payment shall not exceed the
amounts specified in this chapter, and shall be made only in  accordance
with  the  provisions  of this chapter. Such payment may be made only to
the participating candidate's principal committee. No public funds shall
be used except  as  reimbursement  or  payment  for  qualified  campaign
expenditures  actually  and  lawfully incurred or to repay loans used to
pay qualified campaign expenditures.
  2. (a) If the threshold for  eligibility  is  met,  the  participating
candidate's  principal  committee  shall  receive  payment for qualified
campaign expenditures of six dollars for each one  dollar  of  matchable
contributions,  up  to  one  thousand  fifty dollars in public funds per
contributor (or up to five hundred twenty-two dollars  in  public  funds
per  contributor  in  the  case  of  a  special  election), obtained and
reported to the campaign finance board in accordance with the provisions
of this chapter.
  (b) Except as otherwise  provided  in  subdivision  three  of  section
3-706,  in  no  case  shall  the  principal committee of a participating
candidate receive public funds pursuant to paragraph (a) above in excess
of an amount equal to fifty-five percent of the  expenditure  limitation
provided  in  subdivision  one of section 3-706 for the office for which
such candidate seeks nomination for election or election.
  (c) No funds shall be  provided  pursuant  to  this  subdivision  with
respect  to  any  covered election specified in subdivision five of this
section.
  3. A participating  candidate  seeking  or  obtaining  nomination  for
election by more than one party shall be deemed one candidate, and shall
not   receive  additional  public  funds  or  be  authorized  to  accept
contributions in excess of the maximum contribution applicable  pursuant
to  paragraph (f) of subdivision one of section 3-703 or make additional
expenditures by reason of such candidate seeking or obtaining nomination
for election by more than one party. Subdivision five of  section  3-703
shall  not  be  applicable  to  such  a candidate who is opposed for the
nomination of at least one party in a primary election. The  elimination
of the expenditure limitations and qualification for additional matching
funds  provided  in  subdivision  three  of  section  3-706 shall not be
applicable to such a candidate who is opposed for the nomination  of  at
least one party solely by participating candidates.
  4.  The campaign finance board shall make possible payment within four
business days after receipt of reports of matchable contributions, or as
soon thereafter as is practicable, but not  earlier  than  the  earliest
dates  for making such payments as provided in subdivisions five and six
of section 3-709; provided, however, that the board shall withhold up to
five percent of all public funds payments  to  participating  candidates
until  the  final pre-election payment for any given election. The board
shall schedule a minimum of three payment dates within the  thirty  days
prior  to  a  covered  election. For purposes of such payment dates, the
board  shall  provide  each  candidate  with  a  written   determination
specifying  the  basis  for  any  non-payment.  The  board shall provide
candidates with a process by which they may immediately upon receipt  of
such  determination  petition  the board for reconsideration of any such
non-payment and such reconsideration shall occur  within  five  business

days  of the filing of such petition. In the event that the board denies
such petition then it shall immediately notify the candidate of  his  or
her  right  to  bring a special proceeding pursuant to article 78 of the
civil practice law and rules.
  5.  (a)  Notwithstanding  any  other  provision  of  this  chapter,  a
participating candidate in a run-off primary election held  pursuant  to
section  6-162  of  the New York state election law or a run-off special
election to fill a vacancy shall obtain  prompt  payment  for  qualified
campaign  expenditures  in an amount equal to twenty-five cents for each
one dollar of  public  funds  paid  pursuant  to  this  chapter  to  the
candidate's principal committee for the preceding election.
  (b)  The  board  shall  promulgate  rules  to  provide  for the prompt
issuance of additional public funds to eligible participating candidates
for qualified campaign expenditures in the case of an additional day for
voting held pursuant to section 3-108 of the  New  York  state  election
law, an election held pursuant to court order, or a delayed or otherwise
postponed election.
  (c)  Except  as  provided  for  by  this  subdivision  and  any  rules
promulgated hereby, no public funds shall be provided to  any  candidate
for  any  run-off  primary  election, run-off special election to fill a
vacancy, additional day for voting,  election  held  pursuant  to  court
order, or delayed or otherwise postponed election.
  6.  Notwithstanding  any  other  provision  of  this  chapter  to  the
contrary, to protect  the  public  fund  from  disproportionately  large
payments  when  the  number  of  voters  eligible  to  vote in a primary
election is small, the board shall adopt rules setting a reduced maximum
primary election public funds payment for  participating  candidates  on
the  ballot  in  one  or  more  primary elections in which the number of
persons eligible to vote for party nominees total fewer than such number
as shall be specified by the board in such rules, if any. Any such rules
shall not  apply  to  participating  candidates  opposed  in  a  primary
election  by one or more participating candidates who are not subject to
such reduced maximum primary election  public  funds  payment  or  by  a
non-participating  candidate  who  makes  expenditures  in  excess  of a
specified amount for such primary election, as determined by the board.
  7. Notwithstanding any provision of this section to the contrary,  the
amount  of  public funds payable a participating candidate on the ballot
in any covered election shall not exceed  one  quarter  of  the  maximum
public  funds payment otherwise applicable under subdivision two of this
section, unless:
  (a) the participating candidate is opposed  by  a  candidate  and  the
board has determined that such other candidate and his or her authorized
committees  have  spent  or  contracted  or  have obligated to spend, or
received in loans or contributions, or both, an  amount  which,  in  the
aggregate,  exceeds  one-fifth  of  the applicable expenditure limit for
such office fixed by subdivision one of section 3-706  of  this  chapter
for participating candidates; or
  (b)  the  participating  candidate  has  submitted  a certified signed
statement attesting to the need and stating the  reason  for  additional
public  funds  in  such  election, in which case the board shall publish
such statement at the  time  such  additional  public  funds  are  paid,
including  on  the board's internet website. Such statement must certify
that (i) one or more of the following conditions  apply  and  (ii)  such
condition  or conditions reasonably demonstrate the need for such public
funds,  and  the  participating  candidate  must  provide  documentation
demonstrating the existence of such condition or conditions:
  (1)  the participating candidate is opposed by (i) a non-participating
candidate or (ii) a limited  participating  candidate,  and  provides  a

factual  basis with supporting documentation of such candidate's ability
to self finance;
  (2)  the  participating  candidate  is  opposed by a candidate who has
received (i) the endorsement of a citywide or statewide elected official
or a federal elected official representing all or a portion of the  area
covered  by  the election; (ii) two or more endorsements from other city
elected officials who represent all or a part of the area covered by the
election; or (iii) endorsements of one or more membership  organizations
with a membership of over 250 members;
  (3)  the participating candidate is opposed by a candidate who has had
significant media exposure in the twelve months preceding the  election.
For  purposes  of  this paragraph, significant media exposure shall mean
appearance of the opponent or his or her name on television or radio  in
the  area  of  the  covered  election  or  in  print  media  in  general
circulation in the area of the covered election at least twelve times in
the year preceding the covered election;  provided,  however,  that  the
listing  of  names  of  candidates or potential candidates for a covered
election without additional information concerning  the  opponent  shall
not constitute an appearance for purposes of this paragraph;
  (4)  the  participating  candidate  is  opposed by a candidate who has
received twenty-five percent or more of the  vote  in  an  election  for
public  office  in  an area encompassing all or part of the area that is
the subject of the current election in the last  eight  years  preceding
the election;
  (5)  the  participating candidate is opposed by a candidate whose name
is substantially similar to the candidate's so as to result in confusion
among voters, as determined by the board;
  (6) the participating candidate in a city council or borough-wide race
is opposed by a candidate who is a chairman or president of a  community
board or district manager of a community board; or
  (7)  the  participating  candidate  is  opposed  by  a candidate whose
spouse, domestic partner, sibling, parent or child  holds  or  has  held
elective  office  in an area encompassing all or part of the area of the
covered election in the past ten years.
  The board shall be  authorized  to  verify  the  truthfulness  of  any
certified  statement  submitted  pursuant  to  this paragraph and of any
supporting documentation and shall post such  certified  statements  and
supporting documentation on its website.
  (c)  the  participating  candidate  is opposed in a primary or special
election for an office for which no incumbent is seeking re-election.
  If any of the conditions described in  paragraphs  (a),  (b),  or  (c)
occur  in  such  election,  the  board  shall pay any and all additional
public funds due to the participating candidate up to the maximum  total
payment  applicable  in  such  election under subdivisions two or six of
this section or subdivision three of section 3-706 of this chapter.
  8. Contributions by a principal committee of a participating candidate
to other political committees shall not be a basis for  reducing  public
funds payments, provided that: (a) such principal committee has received
contributions   (other   than  matchable  contributions)  that,  in  the
aggregate, exceed the total of such  contributions  to  other  political
committees and (b) such contributions in the aggregate do not exceed:
  (i)  three  thousand  dollars,  if  such  principal  committee  is the
principal committee of a participating candidate seeking nomination  for
election or election to the office of member of the city council;
  (ii)  five  thousand  dollars,  if  such  principal  committee  is the
principal committee of a participating candidate seeking nomination  for
election or election to the office of borough president; and

  (iii)  ten  thousand  dollars,  if  such  principal  committee  is the
principal committee of a participating candidate seeking nomination  for
election or election to a city-wide office.
  9.  If  a participating candidate endorses or publicly supports his or
her opponent for election, such candidate  shall  not  be  eligible  for
public funds.
  10.  A  participating  candidate who loses in the primary election but
remains on the ballot for the general election must certify to the board
before receiving public funds that he or she will actively campaign  for
office;  such  campaign  activity  shall include, but not be limited to,
raising and spending funds, seeking endorsements, and broadly soliciting
votes.

Section 3-706

Section 3-706

  § 3-706 Expenditures limitations; additional financing and limits.  1.
The  following limitations apply to all expenditures made by a candidate
and his or her principal committee on or after the first day of  January
preceding  the  election for which such candidate chooses to participate
in the public funding provisions of this  chapter  and  to  expenditures
made at any time prior to such date for services, materials, facilities,
advertising  or  other  things  of  value received, rendered, published,
distributed or broadcast on or after such date:
  (a) Except as provided in paragraph (b) of this subdivision,  in  each
primary  election,  in  each  special election to fill a vacancy, and in
each general election, expenditures by a participating  candidate  or  a
limited  participating  candidate and his or her principal committee for
one of the following offices shall not exceed the following amounts:

        mayor:                               $6,158,000
        public advocate or comptroller:      $3,850,000
        borough president:                   $1,386,000
        member of the city council:            $161,000

  (b) (i) The expenditure limitation in a run-off primary election  held
pursuant  to  section  6-162  of  the  New  York state election law or a
run-off special election held to fill a vacancy shall be  one  half  the
amount  of  the  applicable limitation provided for an election for such
office pursuant to the provisions of paragraph (a) of this subdivision.
  (ii) The board shall  promulgate  rules  to  provide  for  a  separate
expenditure  limit applicable to campaign expenditures for an additional
day for voting held pursuant to section 3-108  of  the  New  York  state
election  law, an election held pursuant to court order, or a delayed or
otherwise postponed election.
  (c) Expenditures by participating or limited participating  candidates
in  a  primary  election  made  prior  to or on the date of such primary
election shall be deemed to have been made for such primary election.
  (d) The campaign finance  board  shall,  pursuant  to  section  3-713,
submit  a  report  to  the  mayor and the council on or before September
first, nineteen hundred ninety, containing its  recommendations  whether
the  expenditure  limitations  provided  by  this  subdivision should be
modified.  Such report shall set forth the amount of, and  reasons  for,
any modifications it recommends.
  (e) Not later than the first day of March in the year two thousand ten
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 seven of  such  consumer
price  index;  (ii) adjust each expenditure limitation applicable either
pursuant to this subdivision or subdivision 2 of  this  section  by  the
amount of such percentage difference to the nearest thousand dollars and
(iii)  publish  such adjusted expenditure limitation in the City Record.
Such adjusted expenditure limitation shall be in effect for any election
held before the next such adjustment.
  2. The following limitations apply  to  all  expenditures  made  by  a
participating   or  limited  participating  candidate  and  his  or  her
principal committee in the three calendar years preceding  the  year  of
the election for which such candidate chooses to file a certification as
a  participating  or  limited  participating  candidate pursuant to this
chapter and to expenditures made at any time  prior  to  such  date  for
services,  materials,  facilities,  advertising or other things of value

received, rendered, published, distributed or broadcast in such calendar
years. Such expenditures by a  participating  or  limited  participating
candidate  for  one  of  the  following offices and his or her principal
committee shall not exceed the following amounts:

    mayor, public advocate or comptroller:   $290,000
    borough president:                       $129,000
    member of the city council:               $43,000

  2-a.  (a)  If  the  expenditures  made  by  a candidate and his or her
principal committee subject to the expenditure limitation of subdivision
two of this section exceed the  amount  of  the  expenditure  limitation
applicable  under  such  subdivision,  such  candidate  or  his  or  her
principal committee shall not be ineligible to  receive  public  funding
for  qualified  campaign expenditures or be in violation of this chapter
by reason of exceeding such limitation unless the amount by  which  such
expenditures  exceed  such  limitation  is  in excess of the expenditure
limitation which next applies to such candidate or his or her  principal
committee  pursuant  to  subdivision  one  of  this section; and further
provided that the  amount  of  the  expenditure  limitation  which  next
applies to such candidate or his or her principal committee, pursuant to
subdivision one of this section, shall be reduced by the amount by which
the  expenditure  limitation  applicable  under  subdivision two of this
section is exceeded.
  (b) Nothing contained in paragraph (a) of this subdivision shall:
  (i) operate to increase or decrease the amount of  public  funds  that
may be received pursuant to section 3-705 by the principal committee;
  (ii)  affect  the expenditure limitation set forth in paragraph (b) of
subdivision one of this section; or
  (iii) affect the expenditure limitation set forth in paragraph (a)  of
subdivision  one  of  this  section  for  purposes of the application of
subdivision three of this section.
  3. (a) If any candidate in any covered election chooses not to file  a
certification  as  a  participating  or  limited participating candidate
pursuant to this chapter, and  where  the  campaign  finance  board  has
determined that such candidate and his or her authorized committees have
spent  or contracted or have obligated to spend, or received in loans or
contributions, or both, an amount which, in the aggregate, exceeds  half
the  applicable  expenditure  limit for such office fixed by subdivision
one of this section, then:
  (i) such expenditure limit applicable to participating candidates  and
limited  participating candidates in such election for such office shall
be increased to one hundred fifty percent of such limit; and
  (ii) the principal committees of such participating  candidates  shall
receive  payment for qualified campaign expenditures of five dollars for
each one dollar of matchable  contributions,  up  to  one  thousand  two
hundred  fifty  dollars  in  public  funds per contributor (or up to six
hundred twenty five dollars in public funds per contributor in the  case
of  a  special  election);  provided,  however,  that  (A) participating
candidates in a run-off election shall receive  public  funds  for  such
election  pursuant  to  subdivision  five of section 3-705 and shall not
receive any additional public funds pursuant to this section, and (B) in
no case shall a principal committee receive in public  funds  an  amount
exceeding  two-thirds  of  the  expenditure limitation provided for such
office in subdivision one of this section.
  (iii) for elections occurring after January first, two thousand eight,
the campaign finance board shall promulgate rules to  provide  that  the
principal  committees  of  such  participating  candidates shall receive

payment for  qualified  campaign  expenditures  that  will  provide  the
highest  allowable  matchable contribution to be matched by an amount up
to  one  thousand  two  hundred  fifty  dollars  in  public  funds   per
contributor  (or  up  to six hundred twenty five dollars in public funds
per contributor in the case of  special  election);  provided,  however,
that  (A)  participating  candidates in a run-off election shall receive
public funds for such election pursuant to subdivision five  of  section
3-705 and shall not receive any additional public funds pursuant to this
section,  and  (B)  in  no  case  shall a principal committee receive in
public  funds  an  amount  exceeding  two-thirds  of   the   expenditure
limitation provided for such office in subdivision one of this section.
  (b)  If  any  candidate  in any covered election chooses not to file a
certification as a  participating  or  limited  participating  candidate
pursuant  to  this  chapter,  and  where  the campaign finance board has
determined that such candidate and his or her authorized committees have
spent or contracted or have obligated to spend, or received in loans  or
contributions, or both, an amount which, in the aggregate, exceeds three
times  the  applicable  expenditure  limit  for  such  office  fixed  by
subdivision one of this section, then:
  (i) such expenditure limit shall  no  longer  apply  to  participating
candidates  and  limited  participating  candidates in such election for
such office; and
  (ii) the principal committees of such participating  candidates  shall
receive  payment  for qualified campaign expenditures of six dollars for
each one dollar of matchable contributions,  up  to  one  thousand  five
hundred  dollars in public funds per contributor (or up to seven hundred
fifty dollars in public funds per contributor in the case of  a  special
election);  provided,  however,  that  (A) participating candidates in a
run-off election shall receive public funds for such  election  pursuant
to  subdivision  five  of  section  3-705  and  shall  not  receive  any
additional public funds pursuant to this section, and  (B)  in  no  case
shall  a principal committee receive in public funds an amount exceeding
one hundred twenty-five percent of the expenditure  limitation  provided
for such office in subdivision one of this section.
  (iii) for elections occurring after January first, two thousand eight,
the  campaign  finance  board shall promulgate rules to provide that the
principal committees of  such  participating  candidates  shall  receive
payment  for  qualified  campaign  expenditures  that  will  provide the
highest allowable matchable contribution to be matched by an  amount  up
to one thousand five hundred dollars in public funds per contributor (or
up to seven hundred fifty dollars in public funds per contributor in the
case  of  special  election);  provided, however, that (A) participating
candidates in a run-off election shall receive  public  funds  for  such
election  pursuant  to  subdivision  five of section 3-705 and shall not
receive any additional public funds pursuant to this section, and (B) in
no case shall a principal committee receive in public  funds  an  amount
exceeding  one hundred twenty-five percent of the expenditure limitation
provided for such office in subdivision one of this section.
  4.  (a)  Expenditures  made  for  the  purpose  of:  (i)  bringing  or
responding  to any action, proceeding, claim or suit before any court or
arbitrator or  administrative  agency  to  determine  a  candidate's  or
political  committee's compliance with the requirements of this chapter,
including eligibility for public funds payments, or pursuant to or  with
respect  to  election law or other law or regulation governing candidate
or political committee activity  or  ballot  status,  (ii)  expenses  to
challenge  or  defend  the  validity  of  petitions  of  designation  or
nomination or certificates  of  nomination,  acceptance,  authorization,
declination  or  substitution, and expenses related to the canvassing or

re-canvassing of election results, and (iii)  expenses  related  to  the
post-election  audit shall not be limited by the expenditure limitations
of this section.
  (b)  A  participating  candidate shall be required to provide detailed
documentation substantiating all exempt expenditure claims made pursuant
to this subdivision.

Section 3-707

Section 3-707

  §   3-707   Voluntary   registration   by   political  committees.  1.
Participating  committees  may  accept  contributions   from   political
committees  that  choose to register with the board, as provided in this
section. The board shall issue rules providing  for  such  registration.
Such  contributions may not exceed the amount applicable under paragraph
(f) of subdivision one of section 3-703 of this chapter. The board shall
regularly publish a cumulative list of political  committees  that  have
registered,  including  on  the  internet  and  in  periodic mailings to
candidates.
  2.  It  is  the  responsibility  of  the  participating  candidate  to
determine  whether  he or she may accept a contribution pursuant to this
section. A participating candidate who receives a  contribution  from  a
political  committee  that  has  not  registered with the board prior to
making the contribution shall either  return  the  contribution  to  the
contributor  or  pay  to  the  fund an amount equal to the amount of the
contribution, unless the political committee registers  with  the  board
within  ten  days  after  the publication of the next subsequent list of
registered political committees by the  board  following  the  date  the
contribution is received.

Section 3-708

Section 3-708

  §  3-708  Campaign finance board. 1. There shall be a campaign finance
board consisting of five members. Two members  of  the  board  shall  be
appointed  by  the  mayor,  provided  that not more than one such member
shall be enrolled in any one political party, and two members  shall  be
appointed by the speaker of the council, provided that not more than one
such  member  shall  be  enrolled  in  any  one political party, and one
member, who shall be the chairperson, shall be appointed  by  the  mayor
after  consultation  with  the  speaker.  The  members  shall  first  be
appointed to serve as follows:
  (a) one member appointed by the speaker for a term of one year;
  (b) one member appointed by the mayor for a term of two years.
  (c) one member appointed by the speaker for a term of three years;
  (d) one member appointed by the mayor for a term of four years; and
  (e) the chairperson for a term of five years.
  (b)  Each  term  shall  commence  on  April  first,  nineteen  hundred
eighty-eight.  Thereafter,  each member shall be appointed for a term of
five years by the mayor or the speaker, according to the original manner
of appointment.
In case of a vacancy in the office  of  a  member,  a  member  shall  be
appointed  to serve for the remainder of the unexpired term by the mayor
or the speaker, according to the original manner of appointment. In  the
case  of  a  vacancy  in  the  office  of a member for which a member is
holding over after expiration of the  term  for  which  the  member  was
appointed,  an appointment to such office made after June 1 in a year in
which covered elections are scheduled shall not  take  effect  prior  to
December 1 of that calendar year. Each member shall be a resident of the
city,  registered  to  vote therein. Each member shall agree not to make
contributions to any candidate for nomination for election, or election,
to the office of mayor, public advocate, comptroller, borough  president
or  member  of  the  council which in the aggregate are in excess of the
maximum contribution applicable to such office pursuant to paragraph (f)
of subdivision one of section 3-703. No member shall serve as an officer
of a political party or be a candidate or participate in any capacity in
a campaign by a candidate for nomination for election or election to the
office of mayor, public  advocate,  comptroller,  borough  president  or
member  of  the  city council. Officers and employees of the city or any
city agency, lobbyists required to  file  a  statement  of  registration
under  section  3-213  and  the employees of such lobbyists shall not be
eligible to be members of the board. In appointing members to the board,
the mayor and the speaker shall consider campaign experience in  general
and  particularly  campaign  experience  with the New York city campaign
finance system. Members of  the  board  shall  be  required  to  undergo
training  developed pursuant to paragraph 14 of subdivision a of section
1052 of the charter.
  2. The members of the board shall be compensated at the  rate  of  one
hundred dollars per calendar day when performing the work of the board.
  3.  The  board  may  employ  necessary  staff,  including an executive
director and a counsel,  and  make  necessary  expenditures  subject  to
appropriation.    The  board  may employ such staff, including legal and
accounting staff, as are necessary for providing technical assistance to
candidates and prospective candidates  in  covered  elections,  for  the
purpose  of promoting understanding of, participation in, and compliance
with the requirements of the provisions of this chapter.
  4. No member of the campaign  finance  board  shall  be  removed  from
office except for cause and upon notice and hearing.
  5.  The board shall have the power to investigate all matters relating
to the performance of its functions and any other matter relating to the
proper administration of this chapter and for such purposes  shall  have

the  power  to require the attendance and examine and take the testimony
under oath of such persons as it shall deem necessary and to require the
production of books, accounts, papers and  other  evidence  relative  to
such investigation.
  6.  The  board  shall publicize, as it deems appropriate, the names of
candidates for nomination or election to the offices  of  mayor,  public
advocate,  comptroller,  borough  president, or city council who violate
any of the provisions of this chapter.
  7. (a) The board  shall  render  advisory  opinions  with  respect  to
questions  arising  under  this  chapter  upon  the written request of a
candidate, an officer of a political committee or member of the  public,
or  upon  its own initiative. The board shall promulgate rules regarding
reasonable times to respond to  such  requests.  The  board  shall  make
public  the questions of interpretation for which advisory opinions will
be considered by the board  and  its  advisory  opinions,  including  by
publication on its internet website.
  (b) The board shall develop a program for informing candidates and the
public  as  to the purpose and effect of the provisions of this chapter.
The board  shall  prepare  and  make  available  educational  materials,
including  compliance  manuals  and  summaries  and  explanations of the
purposes and provisions  of  this  chapter.  These  materials  shall  be
prepared  in  plain language. The board shall prepare and make available
materials, including, to the  extent  feasible,  computer  software,  to
facilitate the task of compliance with the disclosure and record-keeping
requirements  of  this chapter. When disclosure reports are generated by
use of the board's disclosure  software,  the  board  shall  provide  an
opportunity  for  candidates  to test their electronic filings on any of
the three business days prior to the deadline for  the  filing  of  such
disclosure  reports.  Any  disclosure software issued by the board on or
after January 1, 2008  shall  enable  users  to  meet  their  electronic
disclosure  obligations  under  this chapter and under article 14 of the
election law, as amended by chapter 406 of the laws of 2005.
  8. The board shall have the authority to  promulgate  such  rules  and
regulations  and  provide  such  forms  as  it  deems  necessary for the
administration of this chapter. The board shall  promulgate  regulations
concerning  the  form  in which contributions and expenditures are to be
reported, the periods during which such reports must be  filed  and  the
verification  required. The board shall require the filing of reports of
contributions and expenditures for purposes  of  determining  compliance
with  paragraph  (f) of subdivision one of section 3-703, section 3-706,
subdivision 1-a of section 3-703, section 3-718, and  section  3-719  in
accordance  with  the schedule specified by the state board of elections
for the filing of campaign receipt and expenditure statements.
  9. The board shall develop a computer data base that shall contain all
information necessary for the  proper  administration  of  this  chapter
including information on contributions to and expenditures by candidates
and  their  authorized  committees  and distributions of moneys from the
campaign finance fund. Such data base shall be accessible to the public.
  10. The board  shall  have  the  authority  to  implement  any  system
established  for the regulation of inauguration and transition donations
and expenditures including the promulgation of rules and regulations and
the imposition of any penalties related thereto, as  required  by  local
law. The specific powers enumerated in subdivisions 5, 6, 7, 8, 9 and 11
of  this section, for purposes of this chapter, shall also be applicable
in full for purposes of such chapter 8.
  11. The board may take such other actions as are necessary and  proper
to carry out the purposes of this chapter.

Section 3-709

Section 3-709

  §  3-709  New  York  city  campaign  finance  fund. 1. There is hereby
established a special fund, to be known as the New  York  city  campaign
finance  fund.  The  moneys in such fund may be expended by the campaign
finance  board  only  as  payments  for  participating   candidates   in
accordance with the provisions of this chapter.
  2. The fund shall be kept separate and shall be credited with all sums
appropriated  therefor,  any  donations received pursuant to subdivision
nine of this section and all earnings accruing on such funds.
  3. As soon as practicable in the year  nineteen  hundred  eighty-eight
and  in time for inclusion in the executive expense budget in every year
thereafter, and at such other times as the board shall  deem  necessary,
the  board shall submit its estimate of the amount of public funds which
will  be  necessary  to  provide  candidates  sufficient  financing  for
elections  in the next year in which elections are scheduled pursuant to
the charter and for elections to fill vacancies to be held prior to such
year, and a reserve for contingencies. Such estimates shall be submitted
in such manner and at such times as to assure that such amounts as shall
be necessary may be appropriated in full by the beginning of the  fiscal
year  prior  to  that  in  which elections are scheduled pursuant to the
charter and that additional amounts may be appropriated as necessary.
  4. The moneys in such fund shall be paid to  participating  candidates
by  the  board  upon  its certification that such candidates qualify for
such funds.
  5. No moneys shall be paid to participating candidates  in  a  primary
election  any  earlier  than  two  weeks  after  the  last  day  to file
designating petitions for such primary election.
  6. (a) No moneys shall  be  paid  to  participating  candidates  in  a
run-off  primary election held pursuant to section 6-162 of the election
law or in a general election any earlier than the day after the  day  of
the primary election held to nominate candidates for such election.
  (b)  No  moneys shall be paid to participating candidates in a run-off
special election held to fill a vacancy any earlier than the  day  after
the  day of the special election for which such run-off special election
is held.
  7. No moneys shall be paid to any participating candidate who has been
finally disqualified or whose designating or nominating  petitions  have
been finally declared invalid by the New York city board of elections or
a  court  of  competent  jurisdiction.  Any payment from the fund in the
possession of such a candidate or his or her principal committee on  the
date  of  such final disqualification or invalidation may not thereafter
be expended for any purpose except the payment of  liabilities  incurred
in  qualified  campaign  expenditures  before  such  date  and  shall be
promptly repaid to the fund.
  8. Prior to the first distribution of public funds  to  candidates  in
any election, the board shall make a determination whether the moneys in
the  fund  are sufficient to provide all candidates the amounts they may
receive pursuant to this chapter for all elections to be held during the
calendar year for which such determination is made.  Such  determination
shall  be  published  in  the  City  Record,  together  with information
supporting such determination.
  9. The board shall be empowered to accept donations to be credited  to
the fund. The board may devise such methods of soliciting and collecting
donations as it may deem feasible and appropriate.

Section 3-709.5

Section 3-709.5

  §  3-709.5  Mandatory  debates. 1. (a) In any year in which a primary,
general or special election is to be held, any  participating  candidate
and  any limited participating candidate for nomination or election to a
city-wide office shall participate in either  of  the  two  pre-election
debates,  or  both, held pursuant to this section for which he or she is
eligible  and  is  required  to  debate  pursuant  to  this  section.  A
participating   candidate   or   limited   participating  candidate  for
nomination or election to a city-wide office is eligible to  participate
in  a debate for each election in which he or she is on the ballot if he
or she has met such criteria for participation as shall be specified  in
any agreement between the debate sponsor and the board.
  (b) In any year in which a run-off primary or run-off special election
to  fill  a  vacancy  for  a city-wide office is held, any participating
candidate and any limited  participating  candidate  for  nomination  or
election to such city-wide office who is on the ballot shall participate
in one run-off election debate.
  (c)  In the case of a primary, the debate shall be among participating
candidates and limited participating candidates seeking  the  nomination
of  the  same  political  party  who  meet  the requirements provided in
paragraph (a) of this subdivision. If there is no contested primary  for
an  office  in  a  political  party  then  no  debate  for  that party's
nomination shall be held pursuant to this section.
  (d) Each debate held pursuant to this section shall be  at  least  one
hour's duration.
  2.  For  purposes of this section, a "debate" shall mean the moderated
reciprocal discussion of issues among candidates on the ballot  for  the
same office.
  3.  The  campaign  finance board shall select one or more sponsors for
each debate required pursuant to this section. For primary, general  and
special elections, the second debate shall be a debate among the leading
contenders  for the office, as described in paragraph (b) of subdivision
five of this section.
  4. Organizations which are not affiliated with any political party  or
with  any  holder  of  or  candidate  for  public office, which have not
endorsed any candidate in the  pending  primary,  special,  general,  or
run-off  election  for the city-wide office shall be eligible to sponsor
one or more of the required  debates.  The  rules  for  conducting  such
debates shall be solely the responsibility of the organizations selected
but  shall  not  be  made  final  without consultation with the campaign
finance board. The  organizations  selected  shall  be  responsible  for
choosing the date, time and location of the debates.
  5.  Written applications by organizations to sponsor a debate shall be
submitted to the campaign finance board on a form provided by the  board
not  later  than  a  date  chosen  by  the board in any year in which an
election is held for city-wide offices.
  (a) The written application shall:
  (i) demonstrate that the organization and any proposed co-sponsor meet
the criteria of subdivision four of this section;
  (ii) specify the election and office for which the organization  seeks
to sponsor the debate;
  (iii)  set  forth the date, time, duration, and location of the debate
and the specific and exclusive circumstances under  which  the  date  or
time  may be changed, together with a provision for when the rescheduled
debate would be held;
  (iv) provide a detailed description of the format and ground rules for
the debate;
  (v) verify that the staging, promotion, and  coverage  of  the  debate
shall be in conformance with all applicable laws;

  (vi)  include  an  agreement  to  indemnify the city for any liability
arising from the acts or omissions of the sponsor; and
  (vii)  set forth plans for publicity and for broadcast and other media
coverage for the debate; and
  (viii) set forth the criteria for  determining  which  candidates  are
eligible  to  participate  in  each  debate  the  organization  seeks to
sponsor, in accordance with paragraph (b) of this subdivision.
  (b) (i) Except as otherwise provided in subparagraph (ii) below,  each
debate  for  a  primary,  general or special election shall include only
those participating candidates or limited participating  candidates  the
sponsor  of  each  such  debate  has  determined  meet the non-partisan,
objective, and non-discriminatory criteria set forth  in  any  agreement
between  the sponsor and the board; provided, however, that the criteria
for the first debate for a primary, general, or special  election  shall
provide,  among other criteria, (A) that a participating candidate shall
be eligible to participate in such debate if he or she has, by the  last
filing date prior to such debate, (I) spent, contracted, or obligated to
spend,  and  (II)  received in contributions, an amount equal to or more
than twenty percent of the threshold for eligibility for public  funding
applicable  to  participating candidates contained in subdivision two of
section 3-703, and (B) that a limited participating candidate  shall  be
eligible  to  participate  in  such debate if he or she has, by the last
filing date prior to such debate, spent,  contracted,  or  obligated  to
spend,  an  amount equal to or more than twenty percent of the threshold
for  eligibility  for  public  funding   applicable   to   participating
candidates  seeking  the  office  for  which  such  debate is being held
contained in subdivision two of section 3-703; provided,  however,  that
for the purpose of determining whether a candidate has met the financial
criteria   to   be   eligible   to  participate  in  such  debate,  only
contributions raised and spent in compliance with the act shall be  used
to  determine  whether the candidate has raised and spent twenty percent
of the threshold  for  eligibility  for  public  funding  applicable  to
participating  candidates contained in subdivision two of section 3-703;
provided, further, that the second debate for  a  primary,  general,  or
special  election  shall  include only those participating candidates or
limited participating candidates who the sponsor has also determined are
leading contenders on the basis of additional  non-partisan,  objective,
and  non-discriminatory  criteria set forth in any agreement between the
sponsor and the board. Nothing in this provision is  intended  to  limit
the debates to the two major political parties.
  (ii)  If  a  debate  sponsor  has  determined that a non-participating
candidate   has   met   all    the    non-partisan,    objective,    and
non-discriminatory  criteria  applicable  to participating candidates or
limited participating candidates for  access  to  any  of  the  primary,
general,  or  special  election  debates,  the  sponsor  may invite that
candidate to participate in such  debate.  In  the  case  of  a  run-off
primary election or a run-off special election, the sponsor may invite a
non-participating candidate to participate in such debate. However, if a
non-participating candidate does not accept such invitation to debate or
does  not  appear  at  such  debate,  the  debate  shall  go  forward as
scheduled;  provided,  however,  if  there  is  only  one  participating
candidate  or  limited participating candidate participating in any such
debate, such debate shall be canceled.
  6. Prior to choosing a  sponsor,  the  board  shall  provide  for  the
receipt of comments from interested persons regarding the qualifications
of  potential  sponsors.  The  board shall consider and give substantial
weight to such comments submitted by candidates.

  7. Based upon the criteria in subdivision four above and any  comments
received  pursuant  to subdivision six above, the board shall select the
organization or organizations to sponsor the debates and  shall  provide
written  notification  to the organization or organizations so selected.
In  addition  to  the  sufficiency  of  the application, the board shall
consider the applicant's ability to reach a wide audience and present  a
fair  and  impartial debate. The board may accept an application subject
to modifications as it deems appropriate and as are  acceptable  to  the
sponsor.
  8. For all debates, the board shall provide each debate sponsor it has
selected   with   a   list   of  participating  candidates  and  limited
participating  candidates  who  are  eligible  to   be   considered   to
participate in such debates.
  9.  If  a  candidate fails to participate in any debate required under
this section before an election,  the  candidate  shall  be  liable  for
return  of any public matching funds previously received pursuant to the
certification filed by the candidate in connection with the election for
which such debate is held, shall be ineligible to  receive  any  further
matching  funds for that election, and may be subject to a civil penalty
pursuant to section  3-711.  For  purposes  of  this  subdivision,  each
primary,  general,  special  or  run-off  election shall be considered a
separate election.
  10. Following the submission of a petition on behalf of the  candidate
and  a  hearing  before the board, the sanction or sanctions provided in
subdivision nine of this section applicable to a candidate  for  failure
to  participate  in  any  debate  as  required under this section may be
waived upon a determination by the board that the failure to participate
in the debate occurred under circumstances beyond  the  control  of  the
candidate  and  of  such  nature that a reasonable person would find the
failure justifiable or excusable.
  11. Nothing contained in this section  shall  preclude  any  candidate
from agreeing to participate in any number of additional debates between
any   and   all   candidates   for   a   city-wide   office,   including
non-participating candidates or limited participating candidates.  These
debates need not be held under guidelines or the purview of the campaign
finance board.
  12.  The  city  of  New  York  shall  indemnify  each  sponsor for any
liability of such sponsor arising out of the acts or  omissions  of  the
city  of  New  York  in  connection with the selection of candidates for
participation in any debate held pursuant to this section 3-709.5.

Section 3-710

Section 3-710

  §  3-710  Examinations and audits; repayments. 1. The campaign finance
board is hereby empowered to audit and examine all matters  relating  to
the  performance  of  its functions and any other matter relating to the
proper administration of this chapter and of chapter 8  of  title  3  of
this  code.  The  board  shall conduct its campaign audits in accordance
with  generally  accepted  government  auditing  standards,  and   shall
promulgate   rules   regarding   what  documentation  is  sufficient  in
demonstrating financial activity. These  audit  and  examination  powers
extend   to   all   participating   candidates,   limited  participating
candidates, and non-participating  candidates,  and  the  principal  and
authorized  committees  of all participating, limited participating, and
non-participating candidates, provided that:
  a. Any draft audit, the subject of which is a  participating,  limited
participating  or  non-participating  candidate, or the principal and/or
authorized committees of any  participating,  limited  participating  or
non-participating  candidate  shall be completed within (i) eight months
after the submission of the final  disclosure  report  for  the  covered
election  for  city  council  races and borough-wide races, and (ii) ten
months after the submission of  the  final  disclosure  report  for  the
covered  election  for  citywide races, unless the subject of such audit
consents in writing to a longer period of time;
  b. The campaign finance board shall provide  each  candidate  a  final
audit,  which shall contain the final resolution of all issues raised in
the draft audit; such final audit shall be provided  to  the  candidate,
where  such  candidate or such candidate's campaign manager or treasurer
has completed audit training provided by the board, within (i)  fourteen
months  after  the  submission  of  the  final disclosure report for the
covered election, for city council races  and  borough-wide  races,  and
(ii)  sixteen months after the submission of the final disclosure report
for the covered election for citywide races, unless the subject of  such
audit  consents  in  writing  to  a  longer  period  of time. Where such
candidate or such candidate's campaign  manager  or  treasurer  has  not
completed  audit  training  provided by the campaign finance board, such
final audit shall be provided  to  such  candidate  within  (i)  sixteen
months  after  the  submission  of  the  final disclosure report for the
covered election, for city council races  and  borough-wide  races,  and
(ii) eighteen months after the submission of the final disclosure report
for  the covered election for citywide races, unless the subject of such
audit consents in writing to a longer period of time. Provided, however,
that where the issuance of such final audit is preceded by a  notice  of
violations  and  recommended  penalties  and/or a notice of repayment of
public funds,  such  notice  or  notices  shall  include  all  potential
penalties  and/or  repayment  obligations  and a notice of a candidate's
right to a hearing pursuant to section 3-710.5 or  section  3-710(4)  of
this  chapter  and  shall  be provided to the candidate according to the
deadlines applicable to final audits as set forth in this paragraph.
  c. Any advice provided by board  staff  to  a  participating,  limited
participating,  or  non-participating candidate with regard to an action
shall be presumptive evidence that such action, if taken in reliance  on
such  advice, should not be subject to a penalty or repayment obligation
where such candidate or such candidate's committee  has  confirmed  such
advice  in a writing to such board staff by registered or certified mail
to the correct address, or by electronic or facsimile transmission  with
evidence  of  receipt, describing the action to be taken pursuant to the
advice given and the board or  its  staff  has  not  responded  to  such
written  confirmation  within seven business days disavowing or altering
such advice, provided that the board's response shall be  by  registered

or  certified mail to the correct address, or by electronic or facsimile
transmission with evidence of receipt.
  d.  Notwithstanding  the  provisions  of  paragraphs  a  and b of this
subdivision, if a committee has failed  to  respond  to  a  request  for
information  made  by  board  auditors  during  the  post-election audit
process, the time period for completing the draft and final audits shall
be tolled and extended by the number of days by which the committee  has
exceeded  the  original  deadline  for  a  response,  provided  that the
committee has received  timely  written  notice  of:  (i)  the  original
deadline to provide the information, which shall not have been less than
thirty  days  from the date such information was requested; and (ii) the
commencement of the tolling  period  pursuant  to  this  section.  If  a
committee  has  responded  to  a  request  for information made by board
auditors but such response is inadequate, the time period for completing
the draft and final audits shall be tolled and extended by the number of
days until an adequate response is provided, provided that the committee
has received timely written notice of:  (i)  the  original  deadline  to
provide the information, which shall not have been less than thirty days
from  the  date such information was requested; (ii) the commencement of
the tolling period pursuant to this  section;  and  (iii)  the  detailed
reasons why the original response was inadequate.
  e. Notwithstanding any provision of law to the contrary, the deadlines
provided in paragraphs a and b of this subdivision for the completion of
draft  and  final audits shall not apply in cases where the audit raises
issues  involving  potential  campaign-related  fraud,  potential  other
criminal   activity,  or  activity  that  may  constitute  a  breach  of
certification pursuant to rules of the board  or  potential  significant
violations of the limits set forth in section 3-706.
  f.  Notwithstanding  any  provision  of  the  law to the contrary, the
deadlines provided in paragraphs a and b of  this  subdivision  for  the
completion  of  draft and final audits shall not apply in the event that
board operations are interrupted due to a catastrophic emergency such as
a  natural  disaster  or  criminal  event,  provided  that  once   board
operations  resume,  the  board  shall  within  two  weeks  announce new
deadlines for the completion of draft and final audits  consistent  with
paragraphs a and b.
  2. (a) If the board determines that any portion of the payment made to
the  principal  committee of a participating candidate from the fund was
in excess of the aggregate amount of payments which such  candidate  was
eligible  to  receive  pursuant  to  this  chapter, it shall notify such
committee and such committee shall pay to the board an amount  equal  to
the amount of excess payments.
  b.  If  the board determines that any portion of the payment made to a
principal committee of a participating candidate from the fund was  used
for purposes other than qualified campaign expenditures, it shall notify
such  candidate  and  committee  of  the amount so disqualified and such
candidate and committee shall pay to the board an amount equal  to  such
disqualified  amount;  provided, however, that in considering whether or
not a participating candidate shall be required to pay to the board such
amount or an amount less than the entire disqualified amount, the  board
shall   act  in  accordance  with  the  following:  (i)  where  credible
documentation supporting each qualified campaign expenditure exists  but
is  incomplete,  the  board  shall  not  impose  such liability for such
expenditure;  and  (ii)  where  there  is   an   absence   of   credible
documentation  for  each  qualified  campaign expenditure, the board may
impose  liability  upon  a  showing  that  such  absence   of   credible
documentation  for  such  expenditure  arose  from  a  lack  of adequate
controls  including,  but  not  limited  to  trained   staff,   internal

procedures to follow published board guidelines and procedures to follow
standard financial controls.
  (c)  If  the total of contributions, other receipts, and payments from
the fund received by a participating candidate and his or her  principal
committee  exceed  the total campaign expenditures of such candidate and
committee for all covered elections held in the same  calendar  year  or
for  a  special  election to fill a vacancy such candidate and committee
shall use such excess funds to reimburse the fund for payments  received
by  such  committee  from the fund during such calendar year or for such
special election. No such excess funds  shall  be  used  for  any  other
purpose,  unless the total amount of the payments received from the fund
by the principal committee has been repaid.
  3. If a participating candidate whose principal committee has received
public funds is disqualified by a court of competent jurisdiction on the
grounds that such candidate committed fraudulent acts in order to obtain
a place on the ballot and such decision is not reversed, such  candidate
and  his  or  her  principal  committee shall pay to the board an amount
equal to the total of public funds received by such principal committee.
  4. No claim for the repayment of public funds shall  be  made  against
any  candidate  or committee without written notice to such candidate or
committee, issued in a timely manner pursuant to all of the requirements
of subdivision one of this section, and an opportunity to appear  before
the  board.  Any  such  repayment  claim  shall  be  based  on  a  final
determination issued by the board following an adjudication  before  the
board  consistent  with  the procedures set forth in section 1046 of the
charter unless such procedures are waived by the candidate or  principal
committee.  Such  final determination shall be included in and made part
of the final audit which shall be issued  within  thirty  days  of  such
determination.

Section 3-710.5

Section 3-710.5

  §  3-710.5  Findings  of violation or infraction; adjudications; final
determinations. (i) The board shall determine  whether  a  participating
candidate, his or her principal committee, principal committee treasurer
or  any  other  agent  of  a  participating  candidate  has  committed a
violation or infraction of any provision of this chapter  or  the  rules
promulgated  hereunder,  for  which the board may assess a civil penalty
pursuant to section 3-711 of this chapter. The  board  shall  promulgate
rules  defining infractions, and such definitions shall include, but not
be limited to, failures to comply with the provisions of this chapter or
the rules promulgated hereunder that are limited and non-repetitive.
  (ii) (a) The board shall give written notice and  the  opportunity  to
appear  before  the board to any participating, limited participating or
non-participating candidate, his or her principal committee,  authorized
committee,  committee treasurer or any other agent of such candidate, if
the board has reason to believe that such has committed a  violation  or
infraction  before  assessing  any  penalty  for  such  action. Any such
written notice of alleged violations shall be issued in a timely  manner
pursuant  to all of the requirements of subdivision one of section 3-710
and shall precede the issuance of the final audit required  pursuant  to
subdivision one of section 3-710. In the case of a written notice issued
prior  to the date of a covered election, or after the date of a covered
election in the case of a notice regarding an alleged failure to respond
to a request for audit documentation, such notice may be issued prior to
the issuance of a draft audit. Alleged violations and proposed penalties
shall  be  subject  to  resolution  by  adjudication  before  the  board
consistent  with  the  procedures of section 1046 of the charter, unless
such procedures are waived by  the  candidate  or  principal  committee;
provided,  however, that in the case of adjudications conducted prior to
the date of a covered election, the board shall use  the  procedures  of
section  1046  of  the charter only to the extent practicable, given the
expedited nature of such pre-election  adjudications.  The  board  shall
issue  a final determination within thirty days of the conclusion of the
adjudication proceeding.
  (b) The board shall include in every final determination:  (i)  notice
of  the respondent's right to bring a special proceeding challenging the
board's final determination in New York State supreme court pursuant  to
article  78  of the civil practice law and rules; and (ii) notice of the
commencement of the  four-month  period  during  which  such  a  special
proceeding  may  be  brought pursuant to article 2 of the civil practice
law and rules.

Section 3-711

Section 3-711

  §  3-711  Penalties.  * 1.  Any participating or limited participating
candidate whose principal committee fails to file in a timely  manner  a
statement or record required to be filed by this chapter or the rules of
the  board  in  implementation  thereof  or  who  commits a violation or
infraction of any other provision of this chapter  or  rule  promulgated
thereunder,   including  any  provision  of  section  3-709.5,  and  any
principal committee treasurer or any other agent of a  participating  or
limited   participating  candidate  who  commits  such  a  violation  or
infraction, shall be subject to a civil penalty  in  an  amount  not  in
excess of ten thousand dollars.
  The  board  shall  publish  a  schedule  of civil penalties for common
infractions  and  violations,  including  examples  of  aggravating  and
mitigating  circumstances that may be taken into account by the board in
assessing such penalties. This schedule shall reflect  that  infractions
are less serious failures to comply with the provisions of this chapter.
  * NB  Separately amended LL58/2004; cannot be put together with LL59 &
60/2004 amendments
  * 1. Any participating or limited participating candidate and  his  or
her  principal  committee  or any non-participating candidate and his or
her authorized committees that  fail  to  file  in  a  timely  manner  a
statement or record required to be filed by this chapter or the rules of
the  board in implementation thereof or that violate any other provision
of this chapter  or  rule  promulgated  thereunder,  and  any  committee
treasurer  or  any other agent of a participating, limited participating
or  non-participating  candidate  who  commits  such  a   violation   or
infraction,  shall  be  subject  to  a civil penalty in an amount not in
excess of ten thousand dollars.
  The board shall publish a  schedule  of  civil  penalties  for  common
infractions  and  violations,  including  examples  of  aggravating  and
mitigating circumstances that may be taken into account by the board  in
assessing  such  penalties. This schedule shall reflect that infractions
are less serious failures to comply with the provisions of this chapter.
  * NB Separately amended by LL59 & 60/2004; cannot be put together with
LL58/2004 amendment
  2. (a) In addition to the penalties provided  in  subdivision  one  of
this section, if the aggregate amount of expenditures by a participating
or  limited  participating  candidate  and  such  candidate's  principal
committee exceed the expenditure limitations contained in this  chapter,
such  candidate  and  principal  committee  shall  be subject to a civil
penalty in an amount not to exceed three times the  sum  by  which  such
expenditures exceed the applicable expenditure limitation;
  (b)  In  addition to the penalties provided in subdivision one of this
section, a participating candidate or his or  her  principal  committee,
that  have  been found by the board to have violated a provision of this
chapter by failing to provide any response to a draft audit report  sent
to  the  candidate  after  the election by the board pursuant to section
3-710 of this chapter, shall be subject to  a  civil  penalty  for  such
violation  of  up  to  ten percent of the total public funds received by
such candidate.
  3. The intentional or knowing furnishing of any  false  or  fictitious
evidence,  books  or information to the board under this chapter, or the
inclusion in any evidence, books,  or  information  so  furnished  of  a
misrepresentation  of  a material fact, or the falsifying or concealment
of any evidence, books, or information relevant  to  any  audit  by  the
board  or the intentional or knowing violation of any other provision of
this chapter shall be punishable as a class A misdemeanor in addition to
any other penalty as may be provided under  law,  including  subdivision

one  of  this section. The board shall assess penalties for such conduct
and seek to recover any public funds obtained.
  4.   Notwithstanding  any  provision  of  law  to  the  contrary,  any
participating  or  limited  participating  candidate  and  his  or   her
principal  committee  or  any non-participating candidate and his or her
authorized committees or any other person who commits any  violation  of
this  chapter or any rules promulgated hereunder and who takes all steps
necessary to correct such violation prior to  receiving  written  notice
from  the board of the existence of the potential violation shall not be
subject to any penalty for such violation.

Section 3-712.

Section 3-712.

  §   3-712.   Campaigns   for  office  not  subject  to  this  chapter.
Contributions, loans, guarantees and other security for such loans  used
and  expenditures  made  toward the payment of liabilities incurred by a
candidate in an election held  prior  to  the  effective  date  of  this
section  or  in  a  campaign for public office other than one covered by
this chapter, shall not be subject to the requirements  and  limitations
of this chapter.

Section 3-713.

Section 3-713.

  §  3-713.  Reports.  * 1.  The campaign finance board shall review and
evaluate the effect  of  this  chapter  upon  the  conduct  of  election
campaigns  in  the  city  and shall submit a report to the mayor and the
city council on or before September first, nineteen hundred ninety,  and
every  fourth year thereafter, and at any other time upon the request of
the mayor or the city council and at such other times as the board deems
appropriate, containing:
  (a) the number and names of candidates qualifying for and choosing  to
receive public funds pursuant to this chapter, and of candidates failing
to  qualify  or  otherwise  not  choosing to receive such funds, in each
election during the four preceding calendar years;
  (b) the amount of public funds provided to the principal committee  of
each  candidate  pursuant to this chapter and the contributions received
and expenditures made by each such candidate and the principal committee
of such candidate, in each election during the four  preceding  calendar
years;
  (c) the number and names of candidates filing a certification pursuant
to  section  3-718  of  this  chapter  in  each election during the four
preceding calendar years, together with the expenditures  made  by  each
such  candidate  and  the  principal committee of such candidate in each
such election;
  (d) recommendations as to  whether  the  provisions  of  this  chapter
governing  maximum  contribution amounts, thresholds for eligibility and
expenditure limitations should be amended and setting forth  the  amount
of, and reasons for, any amendments it recommends;
  (e)  analysis  of  the  effect of this chapter on political campaigns,
including its effect on the sources and amounts  of  private  financing,
the  level  of campaign expenditures, voter participation, the number of
candidates and the  candidate's  ability  to  campaign  effectively  for
public office;
  (f)  a  review of the procedures utilized in providing public funds to
candidates; and
  (g) such recommendations for changes  in  this  chapter  as  it  deems
appropriate.
  * NB  Separately amended LL58/2004; cannot be put together with LL59 &
60/2004 amendments
  * 1. The campaign finance board shall review and evaluate  the  effect
of  this  chapter upon the conduct of election campaigns in the city and
shall submit a report to the mayor and the city  council  on  or  before
September   first,  nineteen  hundred  ninety,  and  every  fourth  year
thereafter, and at any other time upon the request of the mayor  or  the
city  council  and  at  such other times as the board deems appropriate,
containing:
  (a) the number and names of candidates qualifying for and choosing  to
receive public funds pursuant to this chapter, and of candidates failing
to  qualify  or  otherwise  not  choosing to receive such funds, in each
election during the four preceding calendar years;
  (b) the amount of public funds provided to the principal committee  of
each  candidate  pursuant to this chapter and the contributions received
and expenditures made by each such candidate and the principal committee
of such candidate, in each election during the four  preceding  calendar
years;
  (c) the number and names of candidates filing a certification pursuant
to  section  3-718  of  this  chapter  in  each election during the four
preceding calendar years, together with the expenditures  made  by  each
such  candidate  and  the  principal committee of such candidate in each
such election;

  (d) the number and  names  of  non-participating  candidates  in  each
election  during  the  four  preceding calendar years, together with the
expenditures made by each such candidate and the  authorized  committees
of such candidate in each such election;
  (e)  recommendations  as  to  whether  the  provisions of this chapter
governing maximum contribution amounts, thresholds for  eligibility  and
expenditure  limitations  should be amended and setting forth the amount
of, and reasons for, any amendments it recommends;
  (f) analysis of the effect of this  chapter  on  political  campaigns,
including  its  effect  on the sources and amounts of private financing,
the level of campaign expenditures, voter participation, the  number  of
candidates  and  the  candidates'  ability  to  campaign effectively for
public office;
  (g) a review of the procedures utilized in providing public  funds  to
candidates; and
  (h)  such  recommendations  for  changes  in  this chapter as it deems
appropriate.
  * NB Separately amended LL59 & 60/2004; cannot be  put  together  with
LL58/2004 amendment
  2.  For  the report submitted in the year nineteen hundred ninety, the
board also  shall  review  any  contributions  made  to  candidates  and
authorized  committees prior to the effective date of this chapter which
exceed the amount of the maximum  contribution  applicable  pursuant  to
paragraph  (f)  of  subdivision  one  of  section 3-703 and report as to
whether such contributions were returned, expended or otherwise used and
the purposes of such expenditures or other uses.

Section 3-714.

Section 3-714.

  §  3-714.  Construction. Nothing in this chapter shall be construed to
prohibit the making or receipt of contributions to the extent  permitted
by  the election law or to permit the making or receipt of contributions
otherwise prohibited.

Section 3-715

Section 3-715

  §  3-715  Joint  campaign activities. Nothing in this chapter shall be
construed to restrict candidates from authorizing expenditures for joint
campaign materials and other joint campaign  activities,  provided  that
the  benefit  each candidate derives from the joint material or activity
is proportionally equivalent to  the  expenditures  authorized  by  such
candidate.

Section 3-716

Section 3-716

  § 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.

Section 3-717.

Section 3-717.

  * §  3-717.  Receipt  of  post  election  contributions  from previous
contributors for debt repayment. 1. Eight or more years after  the  date
of  any  covered  election,  a participating candidate, who has incurred
debt as a result of his or her participation in  such  covered  election
and  has  not  been  a  candidate  in any subsequent election and is not
raising funds for his or her  candidacy  in  any  election,  may  accept
contributions  pursuant to this section from contributors who previously
contributed to the participating candidate's campaign for  such  covered
election  only  for  the  purposes  of  repayment  of  debt  incurred in
connection  with  such  covered  election;   provided,   however,   such
participating    candidate   shall   not   accept   contributions   from
corporations, except  corporations  that  are  political  committees  as
defined  in  subdivision  eleven  of section 3-702 of this chapter. Debt
repayment shall include payments for expenses incurred in maintaining  a
committee  until  debt  is  repaid  and expenses incurred as a result of
repaying the debt.
  2. A participating  candidate  who  chooses  to  accept  contributions
pursuant  to  paragraph  one  of  this  section shall designate a single
committee to accept such contributions.
  a. The designated committee shall register with the board.
  b.  The  designated  committee  shall  report  to  the   board   every
contribution  received  by  the  committee,  the  full name, residential
address, occupation, employer, and business address of each  individual,
corporation,  partnership, political committee, employee organization or
other  entity  making,  or  which  is   the   intermediary   for,   such
contribution.  An intermediary need not be reported for any contribution
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 for such events  exceed
five  hundred  dollars or the aggregate contributions received from that
contributor at such events exceed five  hundred  dollars.  Contributions
pursuant  to paragraph one aggregating not more than ninety-nine dollars
from any one contributor need not be separately itemized  in  disclosure
reports  submitted  to the board on behalf of a participating candidate.
For purposes of this section, the treasurer of the designated  committee
need  not  collect  or  disclose  the occupation, employer, and business
address  of  any  contributor   pursuant   to   paragraph   one   making
contributions  aggregating  not  more  than  ninety-nine  dollars.  Such
reports shall be submitted at such times and in such form as  the  board
shall  require and shall be clearly legible. The committee designated to
accept contributions pursuant to paragraph one  of  this  section  shall
maintain   any   additional  records  of  receipts  and  debt  repayment
expenditures as required by the board.
  3. A  participating  candidate  accepting  contributions  pursuant  to
paragraph one of this section shall not accept and his or her designated
committee  shall  not  accept,  either  directly  or  by  transfer,  any
contribution or contributions  from  any  one  individual,  partnership,
political  committee, employee organization or other entity which in the
aggregate shall exceed the contribution limitations as set  forth  under
paragraph  f  of  subdivision  one  of section 3-703 as of the date such
contributions are received, as adjusted pursuant to subdivision seven of
section 3-703. Contributions received pursuant to this section shall not
be aggregated with contributions received during  the  covered  election
for  which  the  debt  was  incurred  for  the  purposes  of determining
compliance with such contribution limitations.
  4. After all debt referred to in subdivision one has been repaid,  the
participating candidate shall no longer accept contributions pursuant to
this  section.  If  any  excess  funds  remain  after such debt has been

repaid, the participating candidate shall return such  excess  funds  to
contributors  in  reverse order of contribution, beginning with the most
recent contributor, until the excess funds are exhausted.
  * NB Expired June 30, 2005

Section 3-718.

Section 3-718.

  § 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  his  or  her principal
committee shall comply with the provisions of paragraphs (d), (e),  (g),
(i),  and  (o)  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.

Section 3-719.

Section 3-719.

  § 3-719. Obligations of non-participating candidates.
  1.  Disclosure  requirements  of  non-participating  candidates. (a) A
non-participating candidate shall notify the board in such form  as  may
be  prescribed  by  the board as to: (i) the existence of each committee
authorized by such candidate that has  not  been  terminated,  and  (ii)
whether  any  such  committee  also  has  been  authorized  by any other
candidate.
  (b) A non-participating candidate, and the  authorized  committees  of
such   a   non-participating  candidate,  shall  comply  with  the  same
requirements as a participating  candidate  who  files  a  certification
pursuant  to  paragraph  (c) of subdivision one of section 3-703 of this
chapter as provided in paragraphs  (d)  and  (g)  of  such  subdivision,
subdivision  one-b  of  section  3-703,  and subdivisions six, six-a and
eight of section 3-703 of this chapter.
  (c) A non-participating candidate and his or her authorized  committee
shall  submit  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.
  (d)  Neither a non-participating candidate nor an authorized committee
of a non-participating candidate shall be  eligible  to  receive  public
funds pursuant to section 3-705.
  2.  Contribution  limitations  of  non-participating candidates. (a) A
non-participating candidate shall notify the board in such form  as  may
be  prescribed  by  the board as to: (i) the existence of each committee
authorized by such candidate that has  not  been  terminated,  and  (ii)
whether  any  such  committee  also  has  been  authorized  by any other
candidate.
  * (b) A non-participating candidate, and the authorized committees  of
such  a  non-participating candidate, shall only accept contributions as
limited by the provisions of paragraphs (f) and (l) of  subdivision  one
of  section 3-703, subdivision 1-a of section 3-703, and subdivision ten
of section 3-703  of  this  chapter.  Notwithstanding  any  contribution
limitations  in  paragraphs  (f)  and  (h) of subdivision one of section
3-703  and  subdivision  1-a  of  section  3-703,  a   non-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  or  loans
made  by  the  non-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.
  * NB Effective until December 12, 2014
  * (b) A non-participating candidate, and the authorized committees  of
such  a  non-participating candidate, shall only accept contributions as
limited by the provisions of paragraphs (f) and (l) of  subdivision  one
of  section 3-703, and subdivisions 1-a, 1-c and ten of section 3-703 of
this chapter. Notwithstanding any contribution limitations in paragraphs
(f) and (h) of subdivision one of section 3-703 and subdivision  1-a  of
section  3-703,  a  non-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 or loans made by the non-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.
  * NB Effective December 12, 2014
  (c)  Neither a non-participating candidate nor an authorized committee
of a non-participating candidate shall be  eligible  to  receive  public
funds pursuant to section 3-705.

Section 3-720.

Section 3-720.

  §  3-720.  Tolling  of  time  for  notice of alleged violations and/or
notice of repayment of public  funds.  If  a  committee  has  failed  to
respond  to  a  request  for  information  made by board auditors or has
inadequately responded during the post-election audit  process  and  the
board  has  satisfied  the provisions of subdivision 1 of section 3-710,
the time period for serving notice shall be tolled and extended  by  the
number of days by which the committee has exceeded the original deadline
for  a response, provided that the committee has received timely written
notice of: (a) the original deadline to provide the  information,  which
shall not have been less than thirty days from the date such information
was  requested,  and (b) the commencement of the tolling period pursuant
to this section.