Section 3-801.
§ 3-801. Transition and inauguration donations and expenses. 1.
Candidates elected to the office of mayor, public advocate, comptroller,
borough president, or member of the city council may authorize one or
more entities, other than a political committee, for the purpose of
accepting donations and loans, and for making expenditures, for
transition or inauguration into office. Such donations and loans may not
be accepted and such expenditures may not be made on behalf of the
candidate prior to the registration with the campaign finance board of
each such entity. The campaign finance board shall promulgate rules to
establish the time and manner for such registration.
2. Candidates elected to the office of mayor, public advocate,
comptroller, borough president, or member of the city council, and the
entities they authorize pursuant to subdivision one of this section,
shall:
(a) not use funds accepted by a political committee authorized by the
candidate for any election to make expenditures for transition or
inauguration into office, and shall not transfer funds from a political
committee to an entity the candidate is required to register pursuant to
subdivision one of this section;
(b) not accept any donation or donations of money, goods, or services
from any individual, political committee, employee organization, or
entity which in the aggregate exceeds:
(i) four thousand five hundred dollars, in the case of a candidate
elected to the office of mayor, public advocate, or comptroller;
(ii) three thousand five hundred dollars, in the case of a candidate
elected to the office of borough president; or
(iii) two thousand five hundred dollars, in the case of a candidate
elected to the office of member of the city council;
(c) not incur any liabilities after January thirty-first in the year
following the election, nor accept any donations after all liabilities
are paid; and
(d) not accept any donation or donations of money, goods, or services
from any corporation, limited liability company, limited liability
partnership or partnership not permitted to contribute pursuant to
paragraph (1) of subdivision 1 of section 3-703 or from any person whose
name appears in the doing business database as of the date of such
donation; provided, however, that this limitation on donations shall not
apply to any donation to a transition or inauguration entity authorized
pursuant to subdivision one of this section made by a natural person who
has business dealings with the city where such donation is from the
candidate-elect or from the candidate-elect's parent, spouse, domestic
partner, sibling, child, grandchild, aunt, uncle, cousin, niece or
nephew by blood or by marriage.
3. Donations that do not exceed the limitations set forth in paragraph
(b) of subdivision 2 of this section may be accepted only from political
committees that register with the campaign finance board, as shall be
provided for in rules issued by such board. Any donation accepted from a
political committee that has not registered with the board prior to
making the donation must be returned to the political committee.
However, a subsequent donation may be accepted if such political
committee registers with the board in accordance with the rules issued
by the board.
4. To the extent not repaid by the date of the candidate's
inauguration into office, a loan received by such entity shall be deemed
a donation subject to the limits and restrictions set forth in paragraph
(b) of subdivision 2 and subdivision 3 of this section.
5. (a) Each transition and inauguration entity authorized pursuant to
subdivision one of this section shall report to the campaign finance
board every donation of money, goods, or services, and every loan, it
receives, the full name, residential address, occupation, employer, and
business address of each individual, corporation, partnership, political
committee, employee organization or other entity making or serving as
the intermediary for such donation or loan, and every expenditure it
makes.
(b) Donations aggregating not more than ninety-nine dollars from any
one donor need not be separately itemized in disclosure reports
submitted to the campaign finance board. The treasurer of such entity
need not collect or disclose the occupation, employer, or business
address of any donor making donations aggregating not more than
ninety-nine dollars.
(c) Disclosure reports shall be submitted at such times and in such
form as the campaign finance board shall require and shall be clearly
legible. The campaign finance board shall make available to the public a
copy of these disclosure reports within two business days after they are
accepted by the campaign finance board.
6. The final disclosure report submitted by such entity shall set
forth the disposition of any funds remaining after all liabilities are
paid, after which the entity shall be terminated. If an entity has funds
remaining after all liabilities have been paid, it shall return those
funds to one or more of the entity's donors, or if that is
impracticable, to the New York city election campaign finance fund.
7. Entities required to be registered pursuant to subdivision one of
this section shall not incur liabilities for purposes other than
transition or inauguration into office.
8. This section shall apply to every candidate elected to the office
of mayor, public advocate, comptroller, borough president, or member of
the city council, regardless whether such candidate filed a written
certification pursuant to section 3-703 of this code.
9. For purposes of this chapter, the terms "intermediary" and
"political committee" shall have such meanings as are set forth in
section 3-702 of this code.
10. Notwithstanding any restriction in this section, a candidate may
self-fund his or her own entity.
Section 3-802.
§ 3-802. Penalties. 1. Any candidate whose transition or inauguration
entity 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 violates any other provisions of the chapter or rules
promulgated thereunder, and any transition or inauguration entity
treasurer or any other agent of the candidate who commits such a
violation, shall be subject to a civil penalty in an amount not in
excess of ten thousand dollars.
2. In addition to the penalties provided in subdivision one of this
section, if the amount of a donation to the candidateis transition or
inauguration entity exceeds the limitations contained in this chapter
such candidate, such entity shall be subject to a civil penalty in an
amount not to exceed three times the sum by which such donation exceeds
the applicable donation limitation.
3. The intentional or knowing furnishing of any false or fictitious
evidence, books, or information to the board under this chapter, or the
inclusion of any evidence, books, or information so furnished of a
misrepresentation of a material fact, 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.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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