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Advisory Opinions

Each Advisory Opinion is based on the relevant statutory and regulatory provisions in effect at the time the Advisory Opinion was adopted. The New York City Campaign Finance Act and the Rules of the New York City Campaign Finance Board have been amended several times since many of the Board’s advisory opinions were issued. You should consult the most current versions of the Act and Rules to ensure that the reasoning and conclusions of an Advisory Opinion are still applicable, or contact the Board’s Legal Unit at (212) 409-1800.

To get copies of Advisory Opinions or to be placed on a mailing list for all Advisory Opinions issued by the Campaign Finance Board, please contact the Board’s Candidate Services Unit at (212) 409-1800.

You can check out the Advisory Opinion requests page here.


2020
2020-3: Reasonable Anticipation of and Application of Out-Year Expenditure Limit to Special Elections November 19, 2020 Candidates may establish special election committees beginning when a special election is reasonably anticipated, and may simultaneously maintain an active committee for a reasonably anticipated special election and an active committee for the subsequent primary and general elections, provided that expenditures made by both committees prior to the special election are presumed to be for the special election unless the candidate demonstrates otherwise. The out-year expenditure limit, which limits expenditures made in the three years preceding the year of a covered election, is applied to a candidate’s next election, regardless of whether such election is a special election.
2020-2: Attribution of expenditures made and public funds received for a canceled special election June 9, 2020 Candidates in the cancelled special election for Queens borough president, originally scheduled for March 24, 2020, and the primary election scheduled for June 23, 2020 may demonstrate that certain expenditures made in furtherance of the special election are not attributable to the primary election expenditure limit, provided they submit documentation related to either the intended audience of those expenditures or the natures of the goods or services purchased. Any public matching funds that candidates received for the special election will count toward the maximum amount of public funds they are eligible to receive for the primary election.
2020-1: Supplement to Advisory Opinion 2016-1 January 16, 2020 The New York City Campaign Finance Board (the “Board” or “CFB”) has concluded that CFB Advisory Opinion No. 2016-1 (“A.O. 2016-1”), regarding coordinated expenditures made by non-campaign entities, should be supplemented in light of recent amendments to the New York State Election Law and the New York City Campaign Finance Act. Specifically, changes to the election and campaign finance calendars require a reassessment of the timing considerations discussed in A.O. 2016-1.
2019
2019-1: Option A Candidates in the 2021 Election Cycle Are Required to Refund the Excess Portion of Contributions that Exceed the Option A Limits Regardless of Date of Receipt August 15, 2019 Local Law No. 128 of 2019 amended the New York City Campaign Finance Act to require Option A candidates in the 2021 election cycle to refund the excess portion of any contributions received prior to January 12, 2019 that exceed the Option A contribution limits. It is clear from both its plain meaning and legislative history that the statute should be interpreted to apply the Option A limits to contributions received prior to January 12. Fundraising expenditures associated with previously-raised contributions that are required to be partially refunded as a result of this legislative change will not be deducted from the 2021 expenditure limit calculation. However, the cost of obtaining bank checks for the purpose of making such refunds will be deducted from the 2021 expenditure limit calculation, provided that the refunds are issued on or before January 15, 2020.
2016
2016-1: Coordinated Activity in Connection with a Covered Election Will be Subject to the Campaign Finance Act and Board Rules July 6, 2016 Clarifies the Board’s approach towards coordinated activity that is made in connection with a covered election. Coordinated expenditures that are made in connection with a covered election will be subject to the Campaign Finance Act and Board Rules governing candidates. When candidates engage in coordination with outside organizations that have made expenditures on issue advocacy communications promoting the candidate, the Board will consider, under the totality of the circumstances and...
2013
2013-1: Clarification of Independent Activity and In-Kind Contributions January 10, 2013 This opinion clarifies the Board’s approach towards independent activity and in-kind contributions as expressed in Advisory Opinion No. 2012-1. The following interactions between a candidate and a third party would not be considered non-independent activity: Discussions of logistics such as date, time, and location in arranging for a candidate’s appearance at a non-fundraising event; Communications directly related to an entity’s endorsement process; or Requesting, obtaining, and/or...
2013-2: Runoff in 2013 Democratic Mayoral Primary is "Reasonably Anticipated" June 20, 2013 This opinion clarifies the Board’s approach towards independent activity and in-kind contributions as expressed in Advisory Opinion No. 2012-1. The following interactions between a candidate and a third party would not be considered non-independent activity: Discussions of logistics such as date, time, and location in arranging for a candidate’s appearance at a non-fundraising event; Communications directly related to an entity’s endorsement process; or Requesting, obtaining, and/or...
2013-3: Runoff primary in the Democratic Party election for public advocate is "reasonably anticipated" August 15, 2013
2012
2012-1: Certain Flyers May Constitute In-Kind Contribution June 21, 2012 A mass mailing by an entity of a flyer noting one or more candidates’ support for a cause, or of a flyer advertising one or more candidates’ appearance at an event sponsored by that entity, where the candidates have fostered or cooperated in the content and distribution of the flyer, may constitute an in-kind contribution from the entity to the candidate or candidates, depending on several factors. For either type of flyer, regardless whether an in-kind contribution has been made, the entity...
2010
2010-1: Guidance Concerning Contributions Raised by Group 1 and 2 Candidates January 7, 2010 On November 3, 2008, the Board issued Advisory Opinion No. 2008-7 to provide guidance to candidates subject to the Campaign Finance Act who were impacted by legislation extending term limits. In order to address candidates who had activity in the 2009 election cycle but were not covered by AO 2008-7, the Board issued Advisory Opinion No. 2009-8 on October 29, 2009, to clarify that such candidates are not eligible to receive the benefits of AO 2008-7. The Board is issuing this advisory opinion...
2010-2: Requirements for March 23, 2010 Special Election (City Council, 44th District) February 4, 2010 On January 31, 2010, City Council Member Simcha Felder resigned. On February 1, 2010, the Mayor proclaimed a special election to be held on March 23, 2010, to fill this vacancy. The Board is issuing this advisory opinion to address the general requirements of the New York City Campaign Finance Act and the requirements for participation in the New York City Campaign Finance Program for this special election.
2010-3: Application of The Doing Business Contribution Limits to a Candidate Who Has Not Yet Declared an Office September 16, 2010 Advisory Opinion No. 2010-3 provides guidance regarding the application of the doing business contribution limits to a candidate who, at the time a contribution is received, has not yet declared an office. An undeclared candidate is not in violation of the doing business contribution limit if he/she accepts a contribution at a higher office contribution limit. However, once the candidate declares with the Board that he/she is running for an office, the candidate must return any portion in...
2009
2009-1: Requirements for February 24, 2009 Special Election (City Council, 21st and 32nd Districts) January 8, 2009 On November 5, 2008, Council Member Hiram Monserrate, who represented the 21st Council District, and Council Member Joseph Addabbo, who represented the 32nd Council District, were elected to the New York State Senate, and Council Member Michael E. McMahon, who represented the 49th Council District, was elected to the United States Congress. Council Members Moneserrate and Addabbo resigned effective December 31, 2008, and Council Member McMahon resigned effective January 2, 2009. On January 3...
2009-2: Accessing Funds from "Frozen" Committee January 8, 2009 The Board will not provide detailed guidance regarding whether a candidate, after choosing Option 1-A as described in Advisory Opinion No. 2008-7, can later access the funds in the “frozen” committee if s/he later decides to run for higher office instead of his/her incumbent seat because the current incumbent – after the January 15, 2009 deadline - decides not to seek reelection. Though it is possible that the Campaign Finance Act and Board Rules would require the Board to permit candidates...
2009-3: Requirements for April 21, 2009 Special Election (Bronx Borough President) March 19, 2009 On March 1, 2009, Bronx Borough President Adolfo Carrion, Jr. resigned. On March 2, 2009, the Mayor proclaimed a special election to be held on April 21, 2009, to fill this vacancy. The Board is issuing this advisory opinion to address the general requirements of the New York City Campaign Finance Act and the requirements for participation in the New York City Campaign Finance Program for this special election.
2009-4: Raising Primary Election Expenditure Limit When Opponent is a High-Spending Non-Participant April 14, 2009 Pursuant to the “bonus provisions” of the Campaign Finance Act, in any election in which the receipts or expenditures of the high-spending non-participant exceed three times the applicable expenditure limit, the Board lifts the expenditure limit for participants running in the same election as the high-spending non-participant, matches participants’ contributions at a higher rate, and increases the maximum amount of public funds participants can receive. Thus, although the Board understands the...
2009-5: Democratic Party Public Advocate Primary Runoff Election is "Reasonably Anticipated" July 19, 2009 Based on the information now available, the Board has determined that a Democratic Party public advocate runoff election is “reasonably anticipated.” Candidates seeking nomination for election in the 2009 Democratic Party public advocate primary therefore may accept contributions for a runoff election to be deposited in a separate runoff account. Allowance for accepting contributions for a runoff election is not open-ended. Once it is no longer reasonable to anticipate a runoff election, the...
2009-6: Democratic Party Comptroller Primary Runoff Election is "Reasonably Anticipated" August 6, 2009 Based on the information now available, the Board has determined that a Democratic Party comptroller runoff election is “reasonably anticipated.” Candidates seeking nomination for election in the 2009 Democratic Party comptroller primary therefore may accept contributions for a runoff election to be deposited in a separate runoff account. Allowance for accepting contributions for a runoff election is not open-ended. Once it is no longer reasonable to anticipate a runoff election, the Board...
2009-7: Guidance on Law Relating to Third Party Expenditures August 6, 2009 Advisory Opinion No. 2009-7 offers guidance as to how the Board interprets the law relating to third party expenditures, and provides examples of past determinations in which the Board determined that third party expenditures were non-independent. Non-independent third party expenditures pose a serious threat to New York City’s Campaign Finance Program and the Board is committed to ensuring that the law with respect to non-independent expenditures is enforced vigorously and consistently. The...
2009-8: Guidance Concerning Contributions Raised by "Other Candidates" October 29, 2009 On November 3, 2008, the Board issued Advisory Opinion No. 2008-7 to provide guidance to candidates subject to the Campaign Finance Act who were impacted by legislation extending term limits. However, there are other candidates, in 2009 and future election cycles, who had or will have activity in that election cycle and then choose to terminate their candidacy. In particular, in 2009 there are candidates who did not meet the criteria for Groups 1 and 2 in AO 2008-7. The Board is issuing this...
2008
2008-1: $175 is the Maximum Portion of a Contribution Counting Toward Dollar Amount Threshold for Elections after January 1, 2008 March 18, 2008 For regularly scheduled elections held after January 1, 2008, a maximum of $175 of each matchable contribution may be counted towards the dollar amount threshold requirement, regardless of the date the contribution was originally received.
2008-2: Clarification of Expenditure Limits for Contributions Made by City Council Candidates for the Purpose of Election to the Position of City Council Speaker April 10, 2008 Advisory Opinion 2008-2 clarifies the application of the expenditure limits to spending in the form of contributions made by candidates running for City Council from their campaign for the purpose of furthering these candidates’ election to the position of Speaker of the City Council. Pursuant to Administrative Code § 3-702(21)(a)(2), there is a rebuttable presumption that contributions by participants to other candidates are, with limited exceptions, campaign-related. In addition, the Speaker’...
2008-3: Requirements for Potential Special Election and Subsequent 2008 Primary and General Elections (City Council, 30th District) April 10, 2008 Councilman Dennis P. Gallagher announced on March 17, 2008 that he would resign from office by April 18, 2008, thereby creating a vacancy in the 30th Council District. Advisory Opinion No. 2008-3 outlines the rules for the anticipated special election to fill the vacancy and the subsequent 2008 primary and general elections, including contribution and expenditure limits, threshold requirements, maximum public funds payments, and the proper attribution of financial transactions which occurred...
2008-4: Clarification of Exemptions from Expenditure Limits for Post-Election Audit Expenses April 10, 2008 The exemption from the expenditure limits for “expenses related to the post-election audit” set forth in New York City Administrative Code Section 3-706(4)(a) will be limited to pre-election costs for organizing existing records in preparation for submission during the post-election audit, and copying them. This does not include reviewing activities to identify missing documents, to evaluate whether documents meet Board standards, or to prevent and/or correct potential violations, because these...
2008-5: Clarification of Factors to Determine Whether a Runoff Election is "Reasonably Anticipated" July 10, 2008 Advisory Opinion 2008-5 clarifies how a candidate demonstrates to the Campaign Finance Board that a runoff election is “reasonably anticipated” under Board Rule 1-04(q). Because the Board bases its determination that a runoff election is “reasonably anticipated” on objective facts, candidates must provide the Board with documented, concrete evidence. Factors considered in assessing whether a runoff election is “reasonably anticipated” include: 1) a history of runoff primaries in a particular...
2008-6: Clarification of Reporting Requirements for Intermediary Provisions of Administrative Code Section 3-702(12) July 10, 2008 Advisory Opinion 2008-6 clarifies the reporting requirements of the new intermediary provisions of Administrative Code Section 3-702(12). In order to achieve this section’s intended purpose of increasing transparency and limiting the appearance of undue influence associated with contributions, campaigns are required to disclose a known solicitor for a particular contribution. Where the known person or entity soliciting a contribution is different from the person or entity delivering the...
2008-7: Impact of Term Limit Extension on Candidates Subject to the Campaign Finance Act November 3, 2008 On November 3, 2008, Mayor Bloomberg signed Local Law No. 51 (2008), extending term limits from two terms to three for current elected officials. The Board is issuing this advisory opinion to address the impact of this legislation on two groups of candidates subject to the provisions of the Campaign Finance Act: (1) Candidates with reported activity who now will seek re-election to their incumbent offices in 2009, instead of the higher offices they anticipated seeking in 2009; and (2)...
2007
2007-1: Distribution of Mass Communications in Electronic Forms Subject to 90 Day Mass Mailings Rule February 8, 2007 New York City Charter (“Charter”) § 1136.1(2)(b) prohibits public servants running for elective office from using government resources for a “mass mailing that is postmarked, if mailed, or delivered, if by other means” within ninety days of the election, subject to certain exceptions. Using government resources to distribute literature or other mass communications to residents or voters through electronic forms of communication or by having the communications available at stationary sites at...
2007-2: Requirements for Potential Second Special Election and Subsequent 2007 Primary and General Elections (City Council, 40th District) March 6, 2007 On February 20, 2007, Mathieu Eugene received the most votes in the special election held to fill the vacancy in the 40th Council District created by Councilmember Yvette D. Clarke’s election to Congress on November 7, 2006. However, Mr. Eugene’s eligibility to take office has been cast into doubt due to questions concerning his residency. If Mr. Eugene is found ineligible to take office, a second special election likely will be held. Advisory Opinion 2007-2 outlines the requirements for this...
2007-3: Clarification of Process for Determining Non-Campaign-Related Expenditures March 7, 2007 The Board hereby clarifies its evaluation process for determining what expenditures, both prior to and following the election, will be considered non-campaign-related, and discusses historical examples of the types of expenditures that have raised particular concern. A candidate’s principal committee may make expenditures only to further a candidate’s nomination or election. Where the Board finds that expenditures have been made for a non-campaign-related purpose, the Board may assess a...
2007-4-expenditures-will-be-attributed-election-based-their-underlying-purpose March 9, 2007 Pursuant to Board Rule 1-08(c)(1), expenditures are presumed to be for a candidate’s next election. This presumption simplifies reporting by reducing uncertainty surrounding the attribution of expenditures that may benefit the candidate in more than one election. However, the Board must balance this purpose with the need to ensure equitable application of the expenditure limits. Advisory Opinion 2007-4, issued in response to an advisory opinion request from counsel to Anthony Weiner,...
2007-5: Campaigns Must Not Compensate Volunteers for Personal Services September 6, 2007 Campaigns must not compensate volunteers for personal services. If a volunteer owns a firm whose paid employees provide services to a campaign, the campaign must compensate the firm for the services provided in a manner that ensures that neither the volunteer nor the firm profits. The campaign receiving services from the volunteer’s firm must submit to the Board for preapproval its methodology for compensating the firm for the fair market value of its provided services while eliminating the...
2007-6: Use of Campaign Funds or Personal Funds for Certain Advertisements and Inclusion of City Office Contact Information in Such Advertisements December 21, 2007 Candidates who are public servants may use government resources for advertising with a public purpose, with certain restrictions. Candidates may not use campaign funds for advertisements for which government funds may be used. Candidates may, however, use personal funds for these types of advertisements. Candidates must use campaign funds for campaign-related advertisements in all media including congratulatory, seasonal and commemorative advertisements, web sites and journal ads. Candidates...
2006
2006-1: Public Servant Candidates Prohibited From Using Government Resources to Distribute Mass Mailings within 90 Days of an Election for any Elective Office, Including Party District Leader, Subject to Certain Exceptions June 13, 2006 New York City Charter (“Charter”) § 1136.1(2)(b) prohibits public servants from using government resources to distribute mass mailings within ninety days of an election for any elective office, subject to certain exceptions. Charter § 1136.1(2)(b) applies to City Council members who choose to run for party district leader, because the office of party district leader is an “elective office” pursuant to Charter § 1136.1(1)(d).
2005
2005-1: Pre-Primary Election Expenditures Are Subject to Primary Election Expenditure Limit Unless Expenditures Yield Benefits Exclusively for the General Election April 29, 2005 Expenditures made prior to the primary election are presumed to be subject to the primary election expenditure limit. As discussed in Advisory Opinion No. 2005-1, the presumption can be overcome in certain limited instances for specifically defined expenditures, if a campaign can show that a contested general election is reasonably anticipated for the office sought. These campaigns may demonstrate with detailed documentation that particular expenditures made before the primary election for...
2005-2: Runoff Election in 2005 Democratic Mayoral Primary is "Reasonably Anticipated" July 7, 2005 Based on the information now available, the Board has determined that a Democratic mayoral runoff election is “reasonably anticipated.” Candidates seeking nomination for election in the 2005 Democratic mayoral primary may therefore accept contributions for a runoff election to be deposited in a separate runoff account. Allowance for accepting contributions for a runoff is not open-ended. Once it is no longer reasonable to anticipate a runoff, the Board may so determine.
2005-3: Ballot Petition Gatherers Also Distributing Campaign Materials Are Not 100% Exempt September 6, 2005 As the Miller Campaign’s petition-gatherers were distributing campaign material while they were getting signatures for an independent nominating line, the Board concludes that this effort appears disproportionate to petitioning purposes, and the Board does not accept a 100% exempt allocation in light of (1) the magnitude of the costs; (2) the timing of the petition drive; and (3) the fact that the literature distributed refers to the Democratic Party primary date, which is irrelevant in the...
2003
2003-1: Treatment of Services Provided to Candidate Committees by Sole Proprietorship Law Firm Owed by Spouse of Candidate February 11, 2003 A sole proprietorship law firm owned by the husband of a candidate may provide compliance services to committees established by that candidate for anticipated election campaigns in both 2003 and 2005. The activities of the committee constituted for the anticipated 2005 campaign will not be attributed to the 2003 committee provided that the firm’s relationship with the two committees is arm’s length, the committees pay fair market value for any services provided by the firm, each committee...
2003-2: Guidelines for Program Participants Who Raise and Spend Funds to Publicize Their Positions on Ballot Proposals July 14, 2003 Where a participant establishes a separate political committee to publicize a position on a ballot proposal and the participant is not featured in the committee’s publicity, the Campaign Finance Board will presume that the participant’s campaign for office need not account for the actions of the ballot proposal committee. The Board will also presume, however, that any material issued by the ballot proposal committee that features the participant does further the participant’s campaign and must...
2003-3: Program Participants Are Liable for Principal Committee Repayment Obligations & Repayment Obligation Precludes Payments for Subsequent Election November 13, 2003 A candidate participating in the Program is liable for the repayment obligations of the candidate's principal committee, and a participating candidate's obligation to repay public funds from a previous election precludes payments to that candidate's principal committee for a subsequent election.
2002
2002-1: City Council Candidate Expenditure Limit for 2003 Elections November 12, 2002 The expenditure limit applicable to City Council candidates in the 2003 elections contained in Campaign Finance Board Rule 1-08(j) is applicable to the period from January 1, 2000 through December 31, 2001, although expenditures made prior to January 12, 2002 by candidates in the 2001 elections will be presumed to be made in furtherance of the candidate’s 2001 campaign. The Board will consider whether it needs to address the expenditure limits for the 2005 City Council elections.
2001
2001-1: Runoff Election in 2001 Democratic Mayoral Primary is "Reasonably Anticipated" March 13, 2001 Based on the information now available, the Board has determined that a Democratic mayoral runoff election is “reasonably anticipated.” Candidates participating in the Program and in the Democratic mayoral primary may therefore accept contributions for a runoff election to be deposited in a separate runoff account. Allowance for accepting contributions for a runoff is not open-ended. Once it is no longer reasonable to anticipate a runoff, the Board may so determine.
2001-2: Clarification on Actions Constituting In-Kind Contributions May 17, 2001 A participant may attend, be introduced, and make remarks at another candidate’s fundraising event without those activities being deemed in-kind contributions, so long as no contributions are solicited on behalf of the participant. A participant who signs a political committee’s solicitation letter in connection with a fundraising event of the political committee cooperates with the committee’s fundraising efforts, and such activity is an in-kind contribution. A candidate who contributes a...
2001-3: Runoff Election in 2001 Democratic Public Advocate Primary Not "Reasonably Anticipated" May 17, 2001 Based on the information currently available to the Campaign Finance Board, a Democratic Public Advocate runoff election is not reasonably anticipated at this time, under Rule 1-04(q).
2001-4: Guidance on when a Candidate Exercises Control over a Political Committee May 17, 2001 The activities of Council 2001, a political committee registered with the Campaign Finance Board, will not be attributed to the City Council campaign of A. Gifford Miller, provided Council 2001 is not authorized or otherwise controlled by A. Gifford Miller or an agent of Mr. Miller. Factors the Board considers relevant in determining whether a political committee will be considered independent of a participant include, but are not limited to, whether the participant is able to control the...
2001-5: Taxes Paid on Income Earned from Campaign Contributions are not Exempt Expenditures May 17, 2001 Taxes paid on income earned on contributions to a participant’s campaign are not exempt expenditures within the meaning of Campaign Finance Act § 3-706(4).
2001-6: Separate Limited Liability Companies or Separate Limited Partnership, Together With Common Managing Member or General Partner, Considered "Single Source" June 14, 2001 Separate limited liability companies or separate limited partnerships, together with a common managing member or general partner, will be considered a single source pursuant to Rule 1-04(h) for the purposes of calculating contribution limits, unless the specific operating agreement or partnership agreement limits the authority of the managing member or general partner to make such contributions.
2001-7: Improper Transfers between Committee's Primary/General Election Account and Runoff Account June 14, 2001 The transfer of receipts between a committee’s primary and/or general election account and its runoff account, pursuant to Rule 2-06(c)(2), would violate the Campaign Finance Act if the transfer results in contributions which exceed the applicable contribution limits for any election. The Campaign Finance Board will apply a “reverse chronological order” methodology to determine whether the transfer includes over-the-limit contributions.
2001-8: Legal Services Provided by a Not-For-Profit Advocacy Organization to Candidates May Be Considered Contributions July 11, 2001 Legal services provided to candidates by a not-for-profit advocacy organization do not constitute a “contribution” under the New York City Campaign Finance Act, because the legal services were not provided for the purpose of promoting the candidates’ nomination or election. As a 501(c)(3) tax-exempt organization, a not-for-profit corporation is prohibited from participating in an election on behalf of candidates. Nevertheless, if a law firm represents a candidate in order to promote his or her...
2001-9: Only Valid Matchable Contributions Can Be Used To Meet Threshold Requirements August 2, 2001 Matchable contribution claims that have been invalidated by the Board may not be counted towards a candidate’s threshold requirement for public financing. According to the plain language of the Campaign Finance Act (the “Act”), only “matchable contributions” can be used to meet threshold. Invalidated matchable contribution claims are not “matchable contributions” within the meaning of the Act and therefore cannot be used to meet the threshold requirement.
2001-10: Runoff Election in 2001 Democratic Public Advocate Primary is "Reasonably Anticipated" August 23, 2001 Based on the information currently available to the Campaign Finance Board, a Democratic Party Public Advocate primary runoff election is reasonably anticipated at this time, under Rule 1-04(q).
2001-11: Treatment of Applications for Public Funds Grant When Official Results of Primary Election Are Unduly Delayed September 7, 2001 The Board will entertain applications to issue public funds grants pursuant to Administrative Code §3-705(5) and Rule 5-01(j) to those Campaign Finance Program participants on the ballot in a primary election who show that they reasonably anticipate that they will be on the ballot for a runoff primary election, if the official results of the primary election are unduly delayed. These grants will be issued by the Board as soon as the Board determines who, if anyone, is reasonably anticipated to...
2001-12: Effect of New York State Legislature Decision to Reschedule New York State Primary and Runoff Elections September 20, 2001
2000
2000-1: Certain Council Political Action Committee ("C-PAC") Expenditures are not Subject to Spending Limits March 7, 2000 The Council Political Action Committee (“C-PAC”) made various expenditures since the issuance of Advisory Opinion No. 1999-10 on August 5, 1999. City Council Speaker Peter Vallone appears to have “exercised authority” over C-PAC within the meaning of that opinion, which provides guidance for political committees over which a candidate participating in the New York City Campaign Finance Program exercises authority. This Advisory Opinion’s conclusions are reached on the basis of a unique set of...
2000-2: Candidates Are Required To Disclose Contributor’s Residential Address as of Contribution Date May 5, 2000 Candidates must disclose the residential address of a contributor as of the date of the contribution regardless whether the contributor has made or later makes contributions while residing at a different address. Thus, if a contributor makes a contribution, moves and makes a second contribution, the candidate must report different residential addresses for each contribution. Whether a contribution is matchable or can be counted toward the candidate’s threshold requirement for eligibility of...
2000-3: Guidelines for Checks Drawn By a Non-Contributor as "Matchable Contributions" September 14, 2000 The simplest way for candidates to demonstrate that a contribution in the form of a check is a “matchable contribution” is to accept only checks drawn by the actual contributor on an account in the name of the actual contributor. However, the Board, recognizing that contributors conduct their financial affairs in more complex ways, will accept, as adequate documentation that a contribution in the form of a check not drawn by the contributor is a “matchable contribution,” the following: a...
2000-4: Campaign’s Illegal or Improper Use of Government to Be Determined By Other Agencies September 14, 2000 The question whether government resources have been improperly used pursuant to New York City Charter Section 1136.1 is outside the jurisdiction of the Board. If an agency with the appropriate jurisdiction makes a determination that government resources have been improperly used, the Board would make a determination, following the receipt of a formal complaint or Board investigation, to what extent the value of those resources has been used to promote or facilitate the nomination or election of...
2000-5: Unspent Funds in a Transition And Inaugural Entity ("TIE") Account Must Be Returned to TIE Donors October 11, 2000 Any unspent funds that remain in an account held by a Transition and Inaugural entity after that entity has paid all liabilities associated with inaugural and transition activities must be returned to one or more of the Transition and Inaugural entity’s donors.
2000-6: Requirements for 2001 Special Election (City Council, 15th District) November 16, 2000 Councilman Jose Rivera’s November 7, 2000 election to the New York State Assembly has created an anticipated vacancy in the 15th City Council District. When that vacancy occurs, the Mayor “shall proclaim” a special election. This Advisory Opinion outlines the requirements of the New York City Campaign Finance Program for this special election and the subsequent 2001 primary and general elections, including deadlines to join the Program, contribution and expenditure limits, maximum public funds...
2000-7: Guidelines for 2001 Re-Election and Post-2001 Election Program Participant Candidates November 16, 2000 A candidate who will be participating in the Campaign Finance Program for his or her 2001 re-election campaign may also engage in fund-raising and other activities for an anticipated campaign after the 2001 elections without those activities affecting the re-election campaign, under the following conditions: The activities of the two committees are conducted independently, including with separate staffs and administrative functions; and The post-2001 committee files with the Campaign...
1999
1999-1: Guidelines for Anticipated Runoff Primary Election Contributions January 7, 1999 If a prospective participating candidate for citywide office demonstrates to the Board that it is currently reasonable to anticipate a runoff primary election, the Campaign Finance Act permits the candidate to retain, in a separate account for a runoff primary election, up to $2,250 of a contributor’s contribution(s) that exceed $4,500, if the contribution was received before October 22, 1998 (when the new, retroactive $4,500 contribution limit was adopted). After October 22, 1998,...
1999-2: 1993 Candidate May Not Raise Contributions Exceeding Contribution Limit for the Purpose of Retiring Outstanding Liabilities from the 1993 Elections January 7, 1999 The Board has no authority to waive the Campaign Finance Act’s $6,500 contribution limit applicable in the 1993 mayoral elections. Thus, a 1993 candidate may not raise contributions in excess of this limit for the purpose of retiring outstanding liabilities from the 1993 elections.
1999-3: Conditions for Transferring Funds from a Committee for an Office Not Covered by the Campaign Finance Program to a Covered Committee January 7, 1999 Under the Campaign Finance Program, a committee for an office not covered by the Program may transfer funds to a covered committee. This transfer may not derive from contributions in excess of the contribution limits, contributions from unregistered political committees, and contributions from corporations; funds derived from these improper sources may not be transferred to the covered committee. The opinion explains how to attribute a proposed transfer, so that improper sources may be excluded...
1999-4: Contributions from Limited Liability Companies Are Acceptable January 15, 1999 Candidates participating in the Campaign Finance Program may accept contributions from limited liability companies.
1999-5: Guidance on Certain Political Committee Contributions and Expenditures Made for 2001 Elections February 23, 1999 Contributions and loans received and expenditures made before January 12, 1999 by political committees authorized for 1997 and 1998 election campaigns are presumed to be for the candidate’s most recent campaign for elected office and thus not subject to the Campaign Finance Act’s contribution and expenditure limits for the 2001 elections, when the candidate ran for a State office in 1998. Post-January 12, 1999 contributions if expended solely for satisfying the obligations of the 1998 election...
1999-6: Contributions from a Political Committee Established and Funded by a Corporation May 11, 1999 A participating candidate may accept a contribution from a political committee established and funded by a corporation, without violating the ban on accepting corporate contributions, if the candidate can demonstrate that the contribution did not derive from, and was not reimbursed by, contributions made by a corporation. The Board’s political committee registration form will inquire whether the committee accepts contributions from corporations and will ask the committee to affirm that...
1999-7: Conditions for Matchable Contributions Received Between January 1998 and January 1999 June 10, 1999 Contributions received by a prospective candidate for city-wide office or borough president between January 1998 and January 1999 are not matchable, if first reported to the Campaign Finance Board in June or July 1999, because the contributions were not contemporaneously reported as matchable in semi-annual disclosure statements that were due on July 15, 1998 and January 15, 1999. Contributions originally received for a State legislative election are not matchable, regardless whether those...
1999-8: Deadline for Filing Certifications for the 1999 Primary and General Elections, (City Council, 4th District) July 2, 1999 Certifications to join the Campaign Finance Program for the upcoming primary and general elections in Council District 4 must be filed no later than July 8, 1999, the seventh day after the Mayor proclaimed the election to fill this vacancy.
1999-9: Unopposed Primary Election Candidates May Not Receive Public Funds for That Election July 13, 1999 In general, participating candidates unopposed on the ballot in a primary election held because of an opportunity to ballot petition may not receive public funds for that election. This opinion overrules Advisory Opinion No. 1997-11 (October 9, 1999) and is codified in new Campaign Finance Board Rule 5-01(q), adopted today.
1999-10: Requirements for Authorized PACs under the New York City Campaign Finance Act August 5, 1999 A “political action committee” or “PAC” authorized by a candidate participating in the New York City Campaign Finance Program is subject to the contribution and expenditure limits, and other requirements, of the New York City Campaign Finance Act.
1998
1998-1: Guidance for Transfers between Campaign Committees May 7, 1999 If the conditions specified in the opinion are met: A 1997 campaign committee may accept a “bridge loan” from a 2001 campaign committee to pay off 1997 campaign debt. This loan is a transfer. The amount transferred by the 2001 committee would not, in general, affect the amount of the final public funds payment to the 1997 committee, if any. Further, the amount transferred would not necessarily lower the amount of public funds the 2001 committee could eventually qualify to receive if the 2001...
1998-2: Corporate Contributions and the Appointment of Board Members October 23, 1998 Two newly adopted amendments to the Campaign Finance Act (Int. No. 344-A) address matters also covered in Charter Revision Commission proposals. As a guide for voters, this advisory opinion sets forth the Campaign Finance Board’s interpretation of how these portions of the new law would apply if the Charter amendments are approved by the voters in the general election. If the Charter proposals are approved, each candidate who chooses to join the Campaign Finance Program would thereby be...
1997
1997-1: Endorsements and Sponsorships by Organizations February 25, 1997 Under the new debate law, an organization that makes an endorsement in a primary election for a City-wide office remains eligible to sponsor a general election debate among candidates for that same office, as long as that organization does not make an endorsement for the general election before its debate is held.
1997-2: Application of Spending Limit to Television Commercials When a Runoff Primary Is "Reasonably Anticipated" May 15, 1997 When a runoff primary election is reasonably anticipated, a campaign may contract before the primary for the production of television commercials for delivery and use after the primary in the anticipated runoff primary election. When the candidate is in the runoff, the expenditure for a runoff television commercial broadcast after the primary but before the runoff primary is applied toward the runoff primary spending limit. If there is no runoff primary election: the separate runoff primary...
1997-3: Candidate Eligibility to Participate in Debates May 15, 1997 The standards for determining whether a candidate in the Campaign Finance Program is on the ballot for purposes of making public funds payments will also apply to the debate provisions. A candidate for Citywide office who has been initially disqualified from the ballot will not be included in a subsequent debate for that election, unless that candidate provides written notice to the Campaign Finance Board that he or she is seeking to appeal or overturn the determination. However, if the...
1997-4: Public Funds Eligibility after the Removal of a Candidate’s Sole Opponent from the Ballot June 12, 1997 A candidate participating in the Campaign Finance Program may receive public funds after the candidate’s sole opponent is removed from the ballot, provided that the candidate otherwise demonstrates qualification for public funds payments under the Campaign Finance Act and Board rules.
1997-5: Primary Election Debate Not Required When There Is Only One Participating Candidate June 12, 1997 A primary election debate is not required pursuant to the debate law when only one candidate in the primary election is participating in the Campaign Finance Program.
1997-6: Spending Limit for Candidate Who Abandoned Mayoral Campaign and Seeks Re-Election as Bronx Borough President June 24, 1997 Expenditures made by a candidate who subsequently abandons the mayoral campaign and seeks re-election as Bronx Borough President are presumptively subject to the borough president spending limit, with the following exceptions: Spending by the candidate before June 23, 1994. Spending for mayoral polls and mayoral opinion research, provided the polls and research are not of assistance in preparing campaign strategy for the borough president campaign. Salary paid to mayoral campaign staff,...
1997-7: Second General Election Debate Criteria July 24, 1997 Under the debate law, the second general election debate provisions call for two forums: a debate limited to the “leading contenders” for the city-wide office, who are determined by the sponsor according to pre-established objective, non-partisan, and non-discriminatory criteria and an alternative non-partisan voter education program among the Program participants on the ballot for the office who do not meet the criteria for leading contenders. When only one candidate (or none) has met the...
1997-8: Alternative Non-Partisan Voter Education Program for Second General Election Debate September 5, 1997 Under the debate law, an alternative non-partisan voter education program for the second general election debate will take place even if only one candidate for city-wide office participating in the Campaign Finance Program is required to appear. The sponsoring organization has wide discretion to determine the nature and timing of this alternative program.
1997-9: Contribution Limit for Candidates Who Run as a Ticket, Make Joint Expenditures, and Engage in Joint Fund Raising September 10, 1997 This opinion addresses how the Campaign Finance Act’s contribution limits apply when participating candidates run as a ticket, make joint expenditures, and also engage in joint fund raising. These candidates must show that they had received enough contributions from sources that do not exceed either candidate’s contribution limit (when contributions to both candidates are aggregated) to account fully for the payments and reimbursements the candidates must make for their “fair share” of the...
1997-10: Effects on the Campaign Finance Program Requirements When an Anticipated Runoff Primary Election for Mayor Will Not Take Place September 18, 1997 This opinion addresses how Campaign Finance Program requirements are affected when the Board of Elections announces a primary election winner, such that an anticipated runoff primary election for mayor will not take place. The $7,700 contribution limit is restored, although contributions previously accepted up to the temporary $11,550 limit may be reasonably attributed expenses incurred for the runoff prior to its cancellation. Public funds granted for the runoff must be returned to the extent...
1997-11: Public Funds Eligibility for an Unopposed Candidate in the Primary Election October 9, 1997 A candidate participating in the Campaign the Campaign Finance Program, who appears as the only candidate on the ballot in a primary election when an opportunity to ballot has been filed, may receive public matching funds for the primary election should the candidate otherwise meet all Program requirements.
1997-12: Deductions from Public Funds Payments Pursuant to Rule 5-01(n) October 9, 1997 Expenditures made by a candidate for contributions to a political club will not be deducted from public funds payments pursuant to Rule 5-01(n). However, if the recipient is another candidate or candidate’s committee, Rule 5-01(n)(3) will apply, unless the candidate who has made the expenditure can demonstrate that the expenditure was for a tangible item that directly promotes his or her election effort, in which case the fair market value of the item would not be deducted from public funds...
1997-13: Restrictions on Post-Election Expenditures November 25, 1997 When a candidate on the ballot in the general election asserts, in support of a decision not to appear in debates under the debate law, that his or her campaign is operating solely in a post-election manner, the campaign’s expenditures become subject to the restrictions that would otherwise first apply only after the general election. When the candidate has received public funds, post-election expenditures are restricted to those that are for the previous election, until unspent campaign funds...
1997-14: Guidance on Costs Associated with a Post-Election Party and the Repayment of Public Funds December 9, 1997 A campaign may not pay for costs associated with a party for the purpose of thanking contributors, volunteers, and others who assisted with the election in advance of the required repayment of public funds. Such an activity is not considered a post-election wind-up cost, as the cost is not nominal, the activity is not routine, and the invitation to contributors would circumvent the Board’s rules.
1996
1996-1: Certain Compliance Costs Exempt from the Expenditure Limit April 4, 1996 Candidates participating in the Campaign Finance Program and prospective participants may claim the following as “compliance costs” exempt from the Program’s expenditure limits: (1) compensation paid to attorneys and their support staff attributable to the campaign’s duty to comply with the Campaign Finance Program or New York State Election Law; (2) the cost of preparing financial disclosure statements and the cost of creating and retaining records, except for those records kept pursuant to...
1996-2: Financial Reporting Guidance for a Participating Candidate Running for an Office Subject to the Campaign Finance Program and a Federal Office July 18, 1996 A participating candidate seeking election to both an office subject to the Program and a federal office may maintain a separate allocation account for shared federal and City election expenses. The allocation account is subject to all requirements of the Campaign Finance Program. The opinion describes how the City campaign committee must report financial transactions involving the allocation account. Shared expenditures for personnel and facilities must be accurately allocated and the payment...
1996-3: Expenditure Limit for Legal Costs Associated with a Lawsuit Challenging the Election Results December 12, 1996 Legal costs associated with defending a lawsuit challenging the results of an election are exempt expenditures for the election, payable by the candidate’s authorized committee. Such expenses may not be paid for with public funds. Any fund raising conducted by the authorized committee to pay for such legal costs is subject to all Program requirements. Additional fund raising may include valid claims for matching funds if received by the end of the calendar year in which the election was held....
1995
1995-1: Requirements for January 16, 1996 Special Election (City Council, 5th District) December 7, 1995 In the special election to be held in City Council district five on January 16, 1996, the Campaign Finance Board disclosure statement due on January 16 will be considered timely if filed by close of business on January 17. In addition, the requirements for daily disclosures in the week before the election will not be in effect for this election.
1994
1994-1: Requirements for 1994 Special Election (City Council, 51st District) February 23, 1994 This opinion addresses certain issues for Campaign Finance Program participants in a special election likely to be held to fill a vacancy pending in the fifty-first Council district. First Disclosure Statement. Special election committees must file their first disclosure statement 32 days before the special election. The opening date of the first reporting period will be January 12, 1994 or the day the committee was authorized, whichever is later. Last Disclosure Statement. Special election...
1994-2: Guidelines for Contributions via Electronic Fund Transfers May 12, 1994 This opinion discusses whether a Campaign Finance Program participant may accept contributions via periodic electronic fund transfers (“EFTs”) from the contributor’s bank account and periodic charges to the contributor’s credit card account. The procedures that must be followed include receiving and maintaining authorization cards signed by the contributors. The authorization card must contain information about the contributor that is required for public disclosure and must direct the...
1994-3: Guidelines for Submission of Disclosure Statements Prior to Joining Campaign Finance Program August 18, 1994 A new law requires committees authorized by prospective candidates to submit disclosure statements to the Campaign Finance Board each January 15 and July 15 before joining the Campaign Finance Program, in order to preserve claims for public matching funds for contributions received before January 12 in the election year, should the candidate join the Program and run for mayor, public advocate, comptroller, or borough president. (Elections for these office are next scheduled to be held in 1997...
1993
1993-1: Expenditure Limit for Special Election; Use of Telephone Service to Raise Contributions February 17, 1993 Expenditure Limits. Expenditures made to promote or facilitate the candidate’s election are subject to an $105,000 limit, which is presumed to apply from the time the special election was reasonably anticipated. Special election committees have the burden of showing that expenditures after the special election relate to the special election. If the participant receives public funds for the special election, his or her special election committees may not make expenditures for the 1993 primary or...
1993-2: Treatment of Matching Funds and Expenses from Previous Elections February 17, 1993 Contributions used to pay expenses for or debt from a previous election are not matchable in the 1993 elections. If a Campaign Finance Program participant’s 1993 committee also makes payments for a previous election during the 1993 election cycle, these payments will reduce the amount of public matching funds to be paid for the 1993 elections. Once the participant has received public funds for the 1993 elections, his or her 1993 committee may not make further payments for previous elections...
1993-3: Attributing Expenditures to the Primary Election Expenditure Limit June 9, 1993 A participating candidate who demonstrates to the Board a reasonable basis for anticipating a primary election in any party for the office the candidate seeks may attribute expenditures to the primary election expenditure limit, whether or not the candidate is seeking the nomination of that party.
1993-4: Expenditure Limit for Candidate Who No Longer Reasonably Anticipates a Primary Election June 9, 1993 All expenditures made by a participating candidate once that candidate no longer reasonably anticipates a primary election are subject to the general election expenditure limit. The candidate may not make additional expenditures attributable to the primary election limit, even if the candidate’s total expenditures subject to the primary limit are less than the primary election expenditures made by that candidate’s general election opponent.
1993-5: Campaign’s Improper Use of Government to Be Determined By Other Agencies July 7, 2016 The question whether government resources have been improperly used on behalf of an elected official is not answered by the New York City Campaign Finance Act itself. If an agency with appropriate jurisdiction determines that government resources have been improperly used, the Campaign Finance Board will determine to what extent this improper use was to promote the election of a candidate participating in the New York City Campaign Finance Program, subject to the contribution and spending...
1993-6: Certain Advertisements Paid by a Private Entity Treated as In-Kind Contribution July 7, 1993 If a private entity pays for advertisements featuring an elected official who is a candidate participating in the New York City Campaign Finance Program, the Board will consider whether the payment for the candidate’s appearance was made in connection with the election. If so, the payment would be an in-kind contribution to and an expenditure by the candidate, subject to the limits of the Act.
1993-7: Abandoned Campaign as a Basis for Participating Opponents Receiving Public Funds and for Removing the Spending Limit July 20, 1993 This advisory opinion addresses a hypothetical situation in which Andrew Stein, a candidate not participating in the New York City Campaign Finance Program, would be on the ballot in the Democratic primary election for the office of public advocate. The question is whether fund raising or spending on behalf of the candidate during his abandoned campaign for mayor would provide a basis for a Campaign Finance Board determination that his participating opponents would be eligible to receive public...
1993-8: Treatment of Over-the-Limit Contributions July 20, 1993 If a candidate participating in the New York City Campaign Finance Program receives a contribution in excess of the applicable primary and general election contribution limit, the candidate must promptly return the excess portion to the contributor. The excess portion may not be transferred to another committee. Nor may the excess portion be deposited in or “transferred” to a separate account held by the same committee, except as permitted or required by Board Rules in three specific cases: (a...
1993-9: Private Resources Spent on "Youth Respect Campaign" Not Made "In Connection With" Election September 9, 1993 This opinion describes materials and advertisements to be paid for with private resources for a “Youth Respect Campaign” to be launched by the City of New York. The materials and advertisements would include the name of the mayor. Private expenditures for the materials and advertisements would be in-kind contributions to the mayor’s re-election campaign if they are made “in connection with” his election. The materials and advertisements do not solicit contributions or expressly advocate the...
1993-10: Guidelines for Determining Whether Candidate Made an In-Kind Contribution to Another Candidate September 23, 1993 This opinion discusses the three-part standard for determining whether a candidate making an expenditure has thereby made an in-kind contribution to a second candidate: (1) Is the expenditure “made in connection with” the second candidate’s nomination or election? The opinion outlines various relevant factors. (2) If so, is the expenditure “independent of” the second candidate or is it a joint expenditure? The Board will make a factual inquiry. If the candidates are running together as a “...
1993-11: Treatment of Debate Broadcast Expenses as Contributions or Expenditures October 28, 1993 When a bona fide broadcaster makes a non-partisan judgment to stage a debate between two mayoral candidates, and not to invite other mayoral candidates to appear at the debate, the costs incurred by the broadcaster in staging the debate will not be a contribution to, or expenditure by, the two candidates who were invited to or who appear at the debate.
1993-12: Contribution Limits for a Participating Candidate Who Was Initially a Non-Participating Candidate December 16, 1993 Contributions accepted on or after January 12, 1994 by a political committee, authorized by a candidate who subsequently joins the Campaign Finance Program for the 1997 City elections, that makes expenditures for purposes such as buying tickets for political events, making donations to community organizations, contributing to other candidates or political committees, or paying expenses related to holding public office, are subject to the Program’s contribution limits for the 1997 elections,...
1992
1992-1: Transition Expenses and Reimbursements to the New York City Election Campaign Finance Fund January 21, 1992 A participating candidate receiving public funds may not use campaign funds for expenses related to taking public office (“transition expenses”) until all required reimbursements to the New York City Election Campaign Finance Fund (“Fund”) are made. Reasonable and timely transition expenses are not subject to the expenditure limits for the 1991 or 1993 elections. If the expenditure is made in 1991, a participating candidate receiving public funds may use campaign funds to send thank-you notes...
1992-2: Contribution Limit for Merged Entities December 18, 1992 Contributions received from two unrelated entities that subsequently merge will not be aggregated and thus not be subject to a single contribution limit under the Act, unless the entities became “affiliated” within the meaning of Board rules before the contributions were made. However, a Program participant may not accept contributions from the new entity created by the merger if the aggregate contributions from the formerly separate entities equal or exceed the contribution limit applicable...
1992-3: Disclosure and Expenditure Limit Requirements for Special Election Candidates (City Council, 4th District) December 16, 1992 This opinion addresses certain issues for Campaign Finance Program participants in a special election likely to be held to fill a vacancy pending in the fourth Council district. First Disclosure Statement. Special election committees must file their first disclosure statement 32 days before the special election. For special election committees that were not involved in an election in 1992, the opening date of the first reporting period will be January 12, 1992 or the day the committee was...
1991
1991-1: Requirements for February 26, 1991 Special Election (City Council, 29th District) January 3, 1991 Filing deadlines and other requirements for February 26, 1991 special election in City Council district twenty-nine.
1991-2: Guidelines for Claiming Matchable Contributions from 1991 Special Election as Matchable Contributions for 1991 Primary and General Elections April 9, 1991 A candidate who has met the threshold requirement for qualifying for public matching funds in a 1991 special election has not thereby met the threshold for the 1991 primary and general elections. An uncontested special election candidate may not claim public matching funds in the 1991 primary and general elections for matchable contributions raised for the special election. These contributions would be part of the candidate’s surplus funds from the special election and are therefore not...
1991-3: Compensation for Petitioning Efforts Made By Non-Legal Staff is Exempt from Spending Limits June 11, 1991 Compensation paid to non-legal staff for overseeing and coordinating a participating candidate’s petitioning efforts is exempt from the spending limits.
1991-4: Guidelines for "Made To Play" Games at Political Fundraiser July 9, 1991 Contributions made to play games at a political fundraiser may be matchable contributions if the event is clearly identified as a political fundraiser and the low cost household items given to the winners do not have intrinsic and enduring value, and are not valuable.
1991-5: Application of Contribution and Expenditure Limit Political Party Committee Spending August 8, 1991 Spending by a political party committee in the general election on behalf of its nominee is presumed not to be independent. The candidate has the burden of demonstrating that such spending is not subject to the Act’s contribution or expenditure limits. Factors the Board will consider in determining whether these expenditures are restricted by the Act are set forth in the opinion. An advertising campaign (including radio spots, cable television advertisements, and direct mailings) contemplated...
1991-6: Characterization of Public Matching Funds Paid on the Basis of the 6th Periodic Disclosure Statement August 9, 1991 Characterization of public matching funds paid on the basis of the sixth periodic disclosure statement, due to be filed on September 23, 1991, as relating to either the preceding primary or subsequent general election. On the basis of this statement, an eligible candidate in both elections will receive a primary election payment. If, however, total primary payments have reached one of the applicable legal caps, that candidate (if otherwise eligible) will receive a general election payment.
1991-7: Legal Requirements for Participating Candidates in any City Council Primary Election Held in 1991 Pursuant to a Court Order October 9, 1991 Legal requirements applicable to participating candidates in the “re-run” Democratic primary election in the 14th, 30th and 40th Council districts, or any other such Council primary election that may be held this year pursuant to a court order.
1991-8: Re-Run Primary Election Contribution Limit October 31, 1991 By law, participating candidates who were in court ordered re-run primary elections received an additional $1,500 contribution limit (for a total limit of $4,500 for all 1991 Council elections). In districts where re-run primaries were canceled, if a participant demonstrates that the portion of a contribution between $3,000 and $4,500 was used to pay expenses in the canceled re-run election, that contribution will not be treated as a violation of the Campaign Finance Act’s contribution limit.
1990
1990-1: Contributions Received For Advertisements Promoting Businesses Owned By Contributors as Threshold/Matchable Contributions March 27, 1990 Whether contributions issued on personal checks and received for advertisements promoting businesses owned by the contributors in a fundraising journal published by the candidate’s authorized committee may qualify as threshold or matchable contributions.
1990-2: Requirements for May 15, 1990 Special Election (City Council, 1st District) March 30, 1990 Filing deadlines and contribution limits for the special election on May 15, 1990 to fill the vacancy in City Council, district one.
1990-3: Restrictions on Candidate Loans to Own Campaign; Penalties for Outstanding Loan Balance over the Contribution Limit on Election Day April 26, 1990 Restrictions on loans made by participating candidates to their own campaigns and the penalties applicable to a campaign with an outstanding loan balance on election day in excess of the applicable contribution limit.
1990-4: Requirements for 1990 Elections (City Council, 1st District) May 4, 1990 Filing deadlines and other requirements for primary and general elections to be held in 1990 for City Council, district one.
1990-5: Treatment of Reductions in Charges for Photocopies as a Contribution June 13, 1990 Whether a bank makes a contribution if it reduces its charges for providing photocopies because of the large volume of copies provided.
1990-6: Transfer of Funds from 1989 Committee to Newly Authorized Committee June 13, 1990 Whether a 1989 participating candidate may transfer funds from his 1989 campaign committee to a newly authorized committee in certain circumstances.
1989
1989-1: Expenditure Limitations for Government Appropriations January 3, 1989 Whether the expenditure limitation apply to the expenditure of government appropriations by an office-holder for constituent services or expenses incidental to the holding of a public office.
1989-2: Expenditure Limits for Campaign Expenses Made By Incumbents January 3, 1989 Whether particular expenses related to incumbent office-holding, fundraising, contributions, political payments, telephone bills, polls, rental, and accountants expenditures are covered by the 1988 or 1989 expenditure limits.
1989-3: Expenditure Limits for Expenses Made In Connection With the Solicitation of Funds January 25, 1989 Whether certain expenditures incurred in connection with a direct mail solicitation of contributions and fundraising birthday dinner are subject to the 1988 or 1989 expenditure limits.
1989-4: Expenditure Limits for Expenses Made In Connection With the Solicitation of Funds January 25, 1989 Administrative Code §3-706(5) (b) supersedes those aspects of Advisory Opinion No. 1989-2, dated January 3, 1989, which relate to fundraising.
1989-5: Accepting Checks From An Individual That Represent Contributions From Others January 25, 1989 Whether a participating candidate may accept checks drawn on the account of one individual which represent contributions from that individual, his or her spouse, and his or her unemancipated children.
1989-6: Accepting Checks from an Individual That Represent Contributions from Others January 25, 1989 Whether the costs associated with a fundraising event which are paid for by the persons who attend the event are considered to be expenditures made by a candidate subject to the expenditure limits.
1989-7: Bank Account Interest is Not Considered a Contribution January 25, 1989 Whether interest earned on accounts into which contributions are deposited is considered to be a contribution.
1989-8: Expenditure Limits for Certain Legal Services January 25, 1989 Whether certain services performed for a candidate by law firm partners and associates are subject to the expenditure limits.
1989-9: Expenditure Limits for Prospective Candidates January 25, 1989 Whether certain expenditures made by a prospective candidate are subject to the expenditure limits.
1989-10: Treatment of Volunteers as Intermediaries January 25, 1989 Whether campaign volunteers may be “intermediaries.”
1989-11: Expenditure Limits for Prospective Candidates March 23, 1989 Whether a candidate’s use of his or her home and home telephone for campaign purposes constitute a contribution and expenditure subject to contribution and expenditure limits.
1989-12: Treatment of Invitations, Food, and Services as Contributions or Expenditures March 23, 1989 The treatment of invitations, food, and services voluntarily provided by an individual or his or her residential premises for campaign-related activities as contributions or expenditures.
1989-13: Use of Public Funds for Rental/Purchase of Certain Items March 23, 1989 Whether participating candidates may use public funds for certain purposes including rental and purchase of various items and payment of expenses.
1989-14: Certain Expenditures as Expenses Made "In Connection With the Solicitation of Funds" March 23, 1989 What portions of certain expenditures for literature, broadcast commercials, invitations, rental, and food are incurred “in connection with the solicitation of funds.”
1989-15: Certain Expenditures as "Expenditures for Professional Services" March 23, 1989 Whether certain expenditures for salaries, travel, and equipment are exempt from the expenditure limits as “expenditures for professional services.”
1989-16: Items of Negligible Value Need Not Be Deducted From Threshold Amount April 6, 1989 The information which must be disclosed about a threshold or matchable contribution; items of negligible value need not be deducted from threshold/matchable amount.
1989-17: Claiming Matchable and Threshold Contributions on BOE Forms April 6, 1989 Whether matchable and threshold contributions may be claimed on Board of Elections forms.
1989-18: Treatment of Luncheons as Contributions or Expenditures May 2, 1989 Whether particular activities (luncheons) are contributions or expenditures.
1989-19: Filing Pre-Effective Date Reports Without Identifying Committee Accepting Contribution May 2, 1989 Whether candidates may file pre-effective date reports without identifying the particular committee which accepted a contribution or made an expenditure.
1989-20: Treatment of Art Auction Proceeds As Contributions May 24, 1989 Whether donations of art and the proceeds of an art auction held by a campaign committee to raise funds are contributions.
1989-21: Application of Primary Expenditure Limit If Primary Is Not Held May 24, 1989 Whether a candidate is subject to a separate expenditure limit for an anticipated primary election, if ultimately that primary election is not held.
1989-22: Application of Primary Election Expenditures to General Election Limit June 8, 1989 Whether a candidate in a primary election may make expenditures for the general election before the date of the primary and attribute those expenditures to the general election fundraising allowance.
1989-23: Use of Public Funds for Educational Literature Distributed At Fundraising Events and Other Events June 8, 1989 Whether public funds may be used to pay for educational literature distributed at fundraising events and for vehicles used for various purposes.
1989-24: General Election Expenditures Made Before Primary Election June 8, 1989 Whether a candidate in a contested primary, who receives the nomination of another party without opposition, may make expenditures subject to the general election expenditure limit before the date of the primary election.
1989-25: Loans as In-Kind Contributions June 8, 1989 Whether a loan of equipment is an in-kind contribution to and expenditure by the campaign and whether the identity of the lender of the equipment impacts the treatment of the equipment loan.
1989-26: Candidate Liability for PAC Activities June 12, 1989 Whether certain activities undertaken by a political action committee are independent of the candidate supported by that committee.
1989-27: Committee Reimbursement for Use of City Car June 27, 1989 Whether a campaign committee reimbursement of a borough president’s use of a City car to make a political endorsement is a campaign expenditure.
1989-28: Treatment of Payments to Mayoral Advisor as Expenditures June 27, 1989 Whether payments made by a campaign committee to compensate a mayoral advisor are campaign expenditures.
1989-29: Guidance on the Use of Public Funds for Certain Purposes July 12, 1989 Whether public funds may be used for certain purposes.
1989-30: Attributing Cost of Campaign Headquarters Used for Fundraising to Fundraising Allowance July 12, 1989 Whether the cost or rental attributed to the portion of a campaign headquarters used for a fundraising operation may be attributed to the fundraising allowance.
1989-31: Collection and Disclosure of Contribution Information July 12, 1989 The standards which apply to the collection and disclosure of information about contributions.
1989-32: Treatment of Negligible Value Items under Threshold Rules July 12, 1989 Whether certain items have a negligible value, such that they need not be deducted from threshold/matchable amount.
1989-33: Expenditure Limit Exemptions for Certain Compliance Activities July 19, 1989 The range of activities covered by the exemption from the expenditure limits for compliance activities.
1989-34: Treatment of Certain Organization Payments as Contributions or Expenditures July 19, 1989 Whether payments for certain events by an organization are contributions to or expenditures by candidates appearing at the events.
1989-35: Treatment of Literature Joint Expenditures as In-Kind Contributions or Expenditures July 19, 1989 Whether certain joint expenditures for literature by two candidates participating in the Campaign Finance Program are considered in-kind contributions to or expenditures by each candidate.
1989-36: Treatment of Certain Organization Payments as Contributions or Expenditures July 19, 1989 Whether certain payments made by an organization are contributions to or expenditures by a candidate who appears at an event sponsored by the organization.
1989-37: Candidate Liability for PAC Activities July 24, 1989 Whether certain activities undertaken by a political action committee are independent of the candidate supported by that committee.
1989-38: Treatment of Certain Contributions as Single Entity Contributions July 24, 1989 Whether certain contributions are treated as having been made by a single entity for purposes of the contribution limits.
1989-39: Guidance on Process to "Convert" a Loan into a Contribution August 16, 1989 Whether a loan may be “converted” into a contribution that qualifies as a threshold or matchable contribution.
1989-40: Expenditure Limit for Expenses Relating to Challenging or Defending the Validity of Petitions August 30, 1989 Whether the cost of meals and travel expenses of volunteers working on a challenge to the validity of designating petition is exempt from the expenditure limits.
1989-41: Expenditure Limit for Political Party Loans August 30, 1989 Whether loans made by a candidate’s authorized committee to a political party are exempt from the expenditure limits.
1989-42: Treatment of Unpaid Loans as Contributions September 5, 1989 Whether the portion of a loan which is not paid by the date of the election is a contribution in certain circumstances.
1989-43: Participating Candidates' Contributions to Own Campaign Cannot Exceed Contribution Limit and May Qualify as Threshold/Matchable Contributions September 11, 1989 Whether a candidate may make contributions to his or her own campaign which qualify as threshold or matchable contributions.
1989-44: Participating Candidates' Contributions to Own Campaign Cannot Exceed Contribution Limit and May Qualify as Threshold/Matchable Contributions September 11, 1989 The contribution and expenditure limits and public financing requirements applicable in a write-in primary election.
1989-45: Eligibility for Matching Funds and Removal of Expenditure Limits Based On Funds Received or Expended By a General Election Non-Participant September 21, 1989 The manner in which the Board determines that a participating candidate is eligible for two-to-one matching public fund payments and the removal of expenditure limits based on funds received or expended by a non-participating opponent in the general election.
1989-46: Use of Contributions for a Runoff Election Which Is Not Held or for a General Election in Which the Candidate Is Not Entered September 21, 1989 The use of contributions accepted by a participating candidate for a runoff election which is not held or for a general election in which the candidate is not entered.
1989-47: Guidelines on General Election Disclosure Statement Filings for a Defeated Primary Election Candidate September 21, 1989 Whether the principal committee treasurer of a candidate who is defeated in a primary election and is not otherwise a candidate in the general election is required to file campaign finance disclosure reports thirty-two, eleven, and four days before, and twenty-seven days after, the general election.
1989-48: Use of Public Funds for the Distribution of Campaign Literature and Palm Cards October 12, 1989 Whether public funds may be used for certain expenses incurred in connection with the distribution of campaign literature and “palm cards.”
1989-49: Post-Election Loans Constitute Contributions October 12, 1989 Whether a campaign committee of a defeated primary election candidate may accept post-election loans from individuals who previously made primary election contributions equal to the maximum amount permitted under the contribution limit of Administrative Code §3-703(1) (f).
1989-50: Candidate in Uncontested General Election Is Not Eligible for Public Funding October 17, 1989 Whether a candidate is eligible to receive public funds in a general election in which the official ballot does not contain the name of an opposing candidate.
1989-51: Use of Primary Election Contributions for Expenses Incurred After the General Election October 19, 1989 Whether a candidate in the general election may use contributions accepted for the primary election to pay for certain “winding down” expenses incurred after the date of the general election.
1989-52: Guidelines For Contributions Made By a Corporation and Two Individuals Who Each "Own" Fifty Percent of a Corporation As Contributions Made By a Single Entity October 26, 1989 Whether contributions made by a corporation and two individuals who each “own” fifty percent of the corporation are treated as having been made by a single entity for purposes of the contribution limits.
1989-53: Restrictions on Using Contributions for Advocating a Ballot Proposal Position October 26, 1989 Whether the Campaign Finance Act restricts a political committee authorized by a candidate from expending contributions for the purpose of advocating a position on a ballot proposal.
1989-54: Expenditure Limit for Taxes Paid Under F.I.C.A., F.U.T.A., and New York’s Unemployment Insurance Law December 5, 1989 Whether taxes paid under the Federal Insurance Contributions Act, the Federal Unemployment Tax Act and the New York State’s unemployment insurance law are subject to the expenditure limits of the Act.
1989-55: Expenditure Limit for Contributions Used for Transition and Inaugural Expenses/Making Transition and Inaugural Expenses Prior To Repaying Public Funds December 5, 1989 Whether contributions used for transition and inaugural expenses are subject to the contribution and expenditure limits of the Act; whether contributions may be used for transition and inaugural expenses prior to making repayment to the public fund pursuant to Administrative Code§3-710(2) (c).
1989-56: Use of 1989 Election Contributions for Holiday Cards Mailed in December 1989 December 19, 1989 Whether contributions accepted for the 1989 election may be used to pay for holiday cards to be mailed in December 1989.
1989-57: Undeposited Contributions, Segregated Monies for Transition and Inaugural Expenses, and Inaugural Committees Subject to the Jurisdiction of the Campaign Finance Board December 19, 1989 The return of undeposited contributions; whether segregated monies may be used for transition and inaugural expenses; whether a political committee raising and spending funds solely for transition and inaugural expenses is subject to the jurisdiction of the Campaign Finance Board.
1988
1988-1: Treatment of 1998 Expenditures Under 1989 Election Expenditure Limit Rules December 2, 1988 Whether 1988 expenditures for a 1989 election, covered by the 1988 expenditure limit, are also subject to the 1989 expenditure limits.
1988-2: Treatment of Equipment Expenditures Under 1988 or 1989 Expenditure Limit Rules December 22, 1988 Whether particular campaign expenditures for paper supplies, equipment, literature, polls and mailing labels are covered by the 1988 or 1989 expenditure limits.
1988-3: Certification Filing Deadline Triggered by "Sworn Verified Statement" Filing December 30, 1988 Deadlines for filing certification to participate in program, triggered by filing of “sworn verified statement” under N.Y. Election Law §14-112.
1988-4: Expenditure Limits for Unopposed/Non-Primary Candidate December 30, 1988 Whether a participating candidate may make expenditures in an amount up to the expenditure limitation for a primary election if that candidate is not opposed or not entered in a primary election.
1988-5: Receipt of Public Funds After Raising Monies in Excess of Expenditure Limit December 30, 1988 Whether a participating candidate may receive public funds, even if that candidate has raised monies in excess of expenditure limitation applicable to the primary or general election.
1988-6: Carrying Over Unspent Portion of a Primary Election Contribution to the General Election December 30, 1988 Whether a participating candidate may carry over, for expenditure in the general election, the unspent portion of a primary election contribution.

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