Contributions, Loans, and Other Receipts

RCNY tit. 52, ch. 5

in effect

52 RCNY § 5-01 Contribution Limits.

§ 5-01 Contribution Limits. (a) Candidates may not accept contributions from a single source in excess of the limits set forth in § 3-703(1)(f) and (h) of the Code. (b) Adjustment. Pursuant to § 3-703(7) of the Code, not later than the first day of March in the year 2022, and every fourth year thereafter, the Board will adjust the contribution limits. The adjustment will follow changes in the consumer price index for the metropolitan New York - New Jersey region published by the United States Bureau of Labor Statistics. The adjustment is the difference between the average consumer price index over the 12 months preceding the calendar year of such adjustment, and either (a) the calendar year preceding the year of the last such adjustment or (b) such other calendar year as may be appropriate pursuant to any amendment to the Act. (c) Contributions received prior to January 12, 2019. For candidates in covered elections held before the year 2022 who choose Option A, as defined in § 3-720(e)(1) of the Code, the contribution limits as stated in § 3-703(1)(f) of the Code will apply to all contributions received during the 2021 election cycle, regardless of when they are received. Such candidates shall refund the portion of any contribution that exceeds the limits, as provided in 52 RCNY § 5-07, even if the contribution was received before January 12, 2019. Failure to timely issue required refunds will be considered a violation of the Act and these rules. (Added City Record 8/16/2019, eff. 9/15/2019; amended City Record 5/22/2020, eff. 6/21/2020; amended City Record 1/23/2026, eff. 2/22/2026)

52 RCNY § 5-02 Solicitation of Contributions.

§ 5-02 Solicitation of Contributions. (a) Fundraising solicitations. Each written solicitation of contributions (including, but not limited to, letters, contribution cards, flyers, and other invitations to contribute or attend events) by or on behalf of a candidate, whether in paper or electronic format, must include the following statement, written in a conspicuous and clearly recognizable manner: "State law prohibits making a contribution in someone else's name, reimbursing someone for a contribution made in your name, being reimbursed for a contribution made in your name, or claiming to have made a contribution when a loan is made." If the solicitation is written in a language other than English, the statement must be written in the same language as the solicitation. (b) Solicitation of contributions for elections not subject to the Act. If a candidate makes a solicitation for a contribution for an election not subject to the requirements of the Act, the solicitation must specify that the contribution is being solicited for an election that is not subject to the requirements of the Act. (Added City Record 8/16/2019, eff. 9/15/2019)

52 RCNY § 5-03 Prohibited Contributions and Loans.

§ 5-03 Prohibited Contributions and Loans. (a) Contributions and loans from corporations, limited liability companies, and partnerships, including professional corporations and limited liability partnerships. (i) A candidate may not accept a contribution from a prohibited organization, i.e., a corporation, limited liability company, or partnership, including professional corporations and limited liability partnerships. (ii) A candidate may not accept a loan from a prohibited organization unless the loan is made in the regular course of the lender's business. (iii) A candidate may not accept a guarantee or other security for a loan from a prohibited organization. (iv) This prohibition does not apply to contributions by political committees. (b) Nominee contributions. A candidate may not accept a contribution made in the name of an individual or entity for which the source of the funds is a different individual or entity. (c) Anonymous contributions. A candidate may not accept a contribution from an unidentified source. (d) Contributions from foreign nationals. A candidate may not accept a contribution from a person who is not a naturalized U.S. citizen or a holder of a green card. (e) Contributions in excess of $100. A candidate may not accept contributions aggregating in excess of $100 from a single source except by check, money order, cashier’s check, or credit or debit card. (f) Contributions in violation of state or federal law. A candidate may not accept a contribution that was made, received, solicited, or otherwise obtained in violation of any local, state, or federal law. (Added City Record 8/16/2019, eff. 9/15/2019; amended City Record 11/19/2024, eff. 12/19/2024)

52 RCNY § 5-04 Contributions Subject to Special Requirements.

§ 5-04 Contributions Subject to Special Requirements. (a) Contributions from political committees. (i) A candidate may accept a contribution from a political committee, provided that the political committee: (A) was registered with the Board for the period that includes the candidate's next covered election at the time the contribution was received; or (B) registers with the Board within 10 days of receipt of the contribution. (ii) A political committee must register in such form and manner as shall be determined by the Board. Such registration shall include but is not limited to: (A) the name and address of the committee, and the name, address, and employer of the chairperson, treasurer, and liaison of the committee; (B) an indication whether the committee is a political action committee, a candidate committee (and if so, identification of the candidates supported by the committee), or another kind of political committee; (C) identification of the governmental agency or agencies with which the committee files disclosure statements; (D) an indication whether the committee makes monetary contributions, in-kind contributions, or independent expenditures, and the name, address, and employer of each individual or entity with the authority to determine the candidates for whom the committee makes contributions or independent expenditures; and (E) an indication whether the committee accepts contributions from corporations, limited liability companies, or partnerships, and an agreement not to use funds from such entities for contributions to candidates. (iii) A list of registered political committees for each election cycle will be maintained on the Board's website. Candidates have the burden to check the list of registered political committees published by the Board to ensure that each political committee contribution accepted is from a registered committee. (iv) The registration shall remain in effect through the end of the election cycle, unless there has been a material change in the information included in the registration. (v) Political committees that do not submit the information required by the Board, or any required signatures or notarizations, will not be considered to be registered. (vi) Earmarked contributions from political committees. (A) A candidate may accept a contribution given to a political committee by a contributor who limited the committee's choice or directed the selection of the recipient, but the contribution shall be considered to be from both the original contributor and from the political committee. (B) A contribution that a political committee has received solely because of its actions as an intermediary as defined in these rules is not an earmarked contribution. (C) A nominee contribution is not an earmarked contribution. (b) Contributions from minors. A candidate may accept a contribution from an individual under 18 years of age, provided that: (i) the decision to contribute was made knowingly and voluntarily by the minor; (ii) the funds, goods, or services contributed were owned and controlled exclusively by the minor, such as income earned by the minor, or a bank account opened and maintained exclusively in the minor's name; and (iii) the contribution was not made from the proceeds of a gift, the purpose of which was to provide funds to be contributed. (c) Contributions from joint contributors. (i) A candidate may accept a single contribution made jointly by two or more individuals or entities, provided that the contribution check or monetary instrument includes the signature and pre-printed information of each individual making the contribution or, in the case of an entity contribution, the signature of each authorized individual. (ii) If a check or other monetary instrument representing a joint contribution, or a contribution card or other contemporaneous document related to the contribution, does not indicate the amount to be attributed to each contributor, the contribution shall be attributed equally to each contributor. (d) Post-election contributions. Contributions accepted after an election may be used to pay liabilities incurred in that election, subject to the applicable contribution limit and prohibitions, only if deposited in and disbursed from an account established and maintained for that election, as provided in 52 RCNY § 5-11(a)(iii) and (iv). (e) Text message contributions. A text message contribution is received on the date it is delivered to the candidate, after payment of the contributor's wireless bill, by a wireless carrier or other mobile fundraising vendor. (Added City Record 8/16/2019, eff. 9/15/2019)

52 RCNY § 5-05 Non-matchable Contributions.

§ 5-05 Non-matchable Contributions. The following are not matchable: (a) In-kind contributions and loans. In-kind contributions and loans, regardless of whether such loans are considered contributions pursuant to § 3-702(8) of the Code. (b) Purchase price. Contributions in the form of the purchase price paid for an item with significant intrinsic and enduring value, or paid for or otherwise induced by a chance to participate in a raffle, lottery, or a similar drawing for valuable prizes. (c) Certain contributions from vendors. Contributions from individuals, other than employees of the candidate's principal committee, who are vendors to the committee or individuals who have an interest in a vendor to the committee, unless the expenditure to the vendor is reimbursement for an advance. For the purposes of this subdivision, "individuals who have an interest in a vendor" means individuals having an ownership interest of 10% or more in a vendor or control over the vendor. An individual shall be deemed to have control over the vendor firm if the individual holds a management position, such as the position of officer, director or trustee. (d) Doing business, lobbyist, and lobbyist-related contributions. Contributions from individuals having business dealings with the city as defined in § 3-702(18) of the Code, and contributions from lobbyists as defined in § 3-211 of the Code, or persons required to be included in a statement of registration filed pursuant to §§ 3-213(c)(1) or 3-213(d) of the Code. (e) Contributions intermediated by a person doing business with the city. Contributions for which any individual or entity listed in the doing business database at the time of the contribution acted as an intermediary. (f) Contributions from business accounts. Contribution checks drawn on business accounts, or accounts that bear indicia of being business accounts, such as the contributor's professional title. (g) Prohibited or excess contributions. Contributions from contributors subject to the prohibitions of §§ 3-703(1)(k) or (l) of the Code or that are otherwise prohibited by these rules, or that, in the aggregate for a given contributor, exceed the contribution limits applicable under the Act. (h) Returned contributions. Contributions that are returned or refunded to, or not paid by, the contributor. (i) Unitemized contributions. Contributions for which required information is missing from or illegible in a disclosure statement. (j) Contributions with unreported occupation, employer, and business address. Contributions for which the candidate has not reported the contributor's occupation, employer, and business address, where such contributions: (i) total more than $99; or (ii) total $99 or less, and the contributor is an employee of the candidate, of the spouse or domestic partner of such candidate, or of an entity in which such candidate, spouse, or domestic partner has an ownership interest of 10% or more or in which such candidate, spouse, or domestic partner holds a management position, such as the position of officer, director, or trustee. (k) Contributions from minors. Contributions from individuals under 18 years of age. (l) Contributions in violation of law. Contributions that were made, received, solicited, or otherwise obtained in violation of any federal, state, or local law, including the Act and these rules. (m) Contributions from entities. Contributions received from entities other than individuals, including political committees. (n) Contributions not from New York City residents. Contributions from contributors whose residential addresses are not within New York City, or for whom other indicia exist that the contributor is not an individual New York City resident. (o) Contributions made after the election year. Contributions made later than December 31 of the year of the covered election in which the participant is a candidate. (p) Contributions for other elections. Contributions originally received for elections other than the election in which the participant is currently a candidate, as described in 52 RCNY § 5-08. (q) Claims exceeding the gross amount of the contribution. Matchable contribution claims that exceed the gross amount of the contribution. (r) Excess matching claims. Matchable contribution claims that would yield more than the maximum public funds payment per contributor as provided in § 3-705(2)(a) of the Code. (s) Contributions made with checks drawn by someone other than the contributor. Checks drawn by an individual or entity other than the contributor, except for checks signed by a contributor's authorized agent, where the documentation required under 52 RCNY § 4-01(b)(ii)(A)(3) and 52 RCNY § 4-01(b)(iii) has been maintained and provided. (t) Contributions to other committees. Contributions made payable to, or originally received by, entities other than the principal committee, including committees not otherwise involved in the covered election; (u) Contributions not timely and properly reported. Contributions that were not timely reported and itemized in disclosure statements, or that were reported for the first time in an amendment to a disclosure statement. (v) Contributions claimed after the year of the election. Contributions not claimed as matchable on or before January 15 in the year after the year of the election. (w) Contributions not properly documented. Contributions for which a record required under 52 RCNY Chapter 4 was not kept or provided upon request, for which complete supporting documentation required by 52 RCNY § 4-05(c)(ii)(B)(2) has not been submitted, or for which the information on such documentation is not consistent with the information reported in the disclosure statement. (x) Contributions made with consecutively numbered cashier's checks or money orders. Contributions purportedly from different contributors that were made by cashier's checks or money orders bearing consecutive serial numbers, or other indicia that they were purchased simultaneously. (y) Certain contributions exceeding $100. Contributions from any one contributor that are greater than $100 in the aggregate and are made by any instrument other than check, credit card, or debit card. (z) Withdrawn matching claims. Contributions for which a matching claim was previously withdrawn by the candidate. (aa) Non-matchable contributions. Contributions that are otherwise not matchable contributions within the meaning of the Act. (bb) Contributions made by digital assets. Digital assets, such as cryptocurrencies or non-fungible tokens based upon blockchain or similar software. (cc) Additional factors. In addition, the Board will consider the following factors in determining whether matchable contribution claims are invalid and in projecting a rate of invalid matchable contribution claims: (i) any information that suggests that a contribution has not been processed or reported in accordance with Program requirements; (ii) any other information that suggests that matchable contribution claims may be invalid; and (iii) calculation errors in totals reported. (Added City Record 8/16/2019, eff. 9/15/2019; amended City Record 5/22/2020, eff. 6/21/2020; amended City Record 2/15/2023, eff. 3/17/2023; amended City Record 11/19/2024, eff. 12/19/2024)

52 RCNY § 5-06 In-Kind Contributions.

§ 5-06 In-Kind Contributions. (a) An in-kind contribution is an expenditure. An in-kind contribution to a candidate's authorized committee is also considered an expenditure made by such committee, and the amount of the in-kind contribution thus counts toward the candidate's contribution and expenditure limits. An in-kind contribution is received on the date the goods or services are received or rendered, which is presumed to be the date of the associated expenditure, unless the candidate provides evidence to demonstrate that the contribution should be deemed received on a different date. (b) The value of an in-kind contribution. (i) Candidates must maintain invoices or other written records supporting the valuation of all in-kind contributions. (ii) If no invoice is available and obtaining an invoice is not practicable, a candidate must use a reasonable estimate of value in documenting the fair market value of an in-kind contribution. (A) The fair market value of goods is the price of those goods in the market from which they ordinarily would have been purchased when the goods were received. (B) The fair market value of services is the hourly or piecework charge for the services at a commercially reasonable rate prevailing when the services were rendered. (c) Good or service purchased below fair market value. Where goods or services are purchased by a candidate for less than fair market value, the difference between the fair market value when they were received, including any applicable tax, and the amount charged to the candidate is an in-kind contribution. (d) Extension of credit that is not commercially reasonable is an in-kind contribution. (i) Generally. A creditor that extends credit to a candidate for a period beyond 90 days has made a contribution equal in value to the credit extended, unless the creditor is making a commercially reasonable attempt to collect the debt. (ii) Prohibited in-kind contribution. Extension of credit by a corporation, limited liability company, or partnership that is not commercially reasonable and is not made in the regular course of business is presumed to be a prohibited in-kind contribution. (e) Debt forgiven is an in-kind contribution. (i) Generally. A debt owed by a candidate, which is forgiven or settled for less than the amount owed, is an in-kind contribution, unless the debt was forgiven or settled by the creditor in a commercially reasonable manner. (ii) Commercially reasonable treatment of debts. The Board will consider as evidence of commercially reasonable treatment that: (A) all commercially reasonable efforts have been taken to satisfy the outstanding debt; and (B) the creditor has pursued its remedies in the same manner as that customarily employed by creditors of other debtors. (iii) Advances. An advance is considered to be an in-kind contribution from the individual or entity making the advance until it has been reimbursed by the candidate, and a candidate may not accept an advance from a prohibited source. (f) Failing to report a liability leads to a presumption of an in-kind contribution. An outstanding liability not contemporaneously reported as outstanding by a candidate may be presumed to be an in-kind contribution to the candidate, if other indicia of a contribution exist. (Added City Record 8/16/2019, eff. 9/15/2019)

52 RCNY § 5-07 Refunding Prohibited and Over-the-Limit Contributions.

§ 5-07 Refunding Prohibited and Over-the-Limit Contributions. (a) Generally. When a candidate knows or has reason to know that the candidate has accepted a contribution or aggregate contributions from a single source in excess of the applicable contribution limit, including a contribution or contributions from a contributor having business dealings with the city, or from a source prohibited by the Act or the Charter or by state or federal law, the candidate must promptly refund the excess portion or prohibited contribution to the contributor or to the Fund. When a candidate knows or has reason to know that the candidate has accepted an anonymous contribution, the candidate must promptly disgorge the contribution to the comptroller of the state of New York for deposit in the general treasury of the state. (b) Contribution refunds must be timely. (i) When a candidate knows or has reason to know that the candidate has accepted a prohibited or over-the-limit contribution, the candidate must return or refund the contribution, or the over-the-limit portion, on or before the next disclosure statement filing deadline or the deadline set by the Board. (ii) When a candidate is notified by the Board that the candidate has accepted a prohibited or over-the-limit contribution, the candidate must return the contribution or the over-the-limit portion by the date specified in the notice sent by the Board. (iii) A contribution refund is made on the date on which the funds cleared the committee account. (c) Contribution refunds must be documented and reported. If a candidate issues a refund for a contribution after it has been deposited in the committee's account, the contribution and corresponding refund must be documented and reported to the Board. The documentation must demonstrate that the refund cleared the committee account and was cashed or deposited by the reported contributor. (d) Restrictions on return. Unless directed to do so by the Board, a candidate may not return a contribution after receiving public funds for an election until any required repayments to the Fund have been made. A contribution may be returned if it: (i) exceeds the contribution limit, including the limit applicable to contributors having business dealings with the city, (ii) is otherwise illegal, or (iii) is returned because of the candidate's reputational interest in light of the particular source or intermediary involved. (e) Where refund is impracticable. If a timely refund of a contribution to the contributor is impracticable, the candidate may pay the Fund an amount equal to the amount of the refund. (f) Over-the-limit contributions from contributors doing business with the city. (i) When a candidate reports an over-the-limit contribution from a contributor having business dealings with the city: (A) The Board will provide such notification to the candidate within 20 days of the reporting of the contribution; provided, however, that if such twentieth day is a Saturday, Sunday, or legal holiday, notification by the Board on the next business day shall be considered timely. In the case of a contribution reported during the six weeks preceding the candidate's next covered election, the Board shall provide such notification within three business days. (B) The candidate must: (1) refund the excess portion of the contribution within 20 days of the date of the notice; or (2) demonstrate to the Board, within 20 days of notification, that the contributor identified by the Board as having business dealings with the city has applied to the Mayor's Office of Contract Services for removal from the doing business database and that such application is pending. (C) For purposes of calculating compliance with the limits applicable to contributors having business dealings with the city, contributions accepted from a contributor who appears on the doing business database shall be aggregated with all other contributions accepted from such contributor during the same election cycle; provided, however, that contributions accepted while the contributor did not appear on such database shall not be required to be refunded pursuant to this section. (ii) Where a contributor has made an application for removal from the doing business database, the candidate may retain any contribution received from the contributor until the Board notifies the candidate that the Mayor's Office of Contract Services has denied the application for removal, in which case the candidate shall have 20 days from the date of such second notice to refund the excess portion of the contribution. (iii) Contributions from or intermediated by individuals who have applied for removal from the doing business database shall not be considered matchable unless and until the contributor or intermediary is removed from the doing business database. (Added City Record 8/16/2019, eff. 9/15/2019; amended City Record 5/22/2020, eff. 6/21/2020; amended City Record 1/23/2026, eff. 2/22/2026)

52 RCNY § 5-08 Contributions Originally Received for Other Elections.

§ 5-08 Contributions Originally Received for Other Elections. (a) Transfers. (i) Generally. Notwithstanding 52 RCNY § 5-11(a), participants may transfer funds previously received for another election to the principal committee. Additionally, participants may transfer funds from the principal committee to another authorized committee, after all excess funds have been returned to the Board as provided by 52 RCNY § 5-11(c)(ii) and 52 RCNY § 9-02(c). (ii) Segregated accounts. Notwithstanding paragraph (i) of this subdivision, if a candidate has funds remaining in a segregated account after the election for which the account was established, such funds must be refunded to the contributors or paid to the Fund, or used to pay outstanding liabilities related to such election. Such funds may not be transferred into any other account or used for any future election. (b) Surplus funds. The cash balance reported in a non-participant's first semi-annual Board disclosure statement at the beginning of the first reporting period for an election is the total amount of surplus funds the committee had from a previous election; except that the amount deemed to be surplus funds may be reduced by the following: (i) the total amount of debts and obligations outstanding at the beginning of the reporting period; (ii) the total amount subsequently transferred to a political committee that is not involved in a covered election; and (iii) if the candidate was a participant in the previous election, the total amount of public funds subsequently repaid. (c) Additional requirements for transfers and surplus funds. (i) Candidates have the burden of demonstrating that surplus funds and transfers of funds from a committee not otherwise involved in the covered election, other than another authorized committee of the same candidate that has filed contemporaneous disclosure statements with the Board in a timely manner, do not derive from: (A) contributions in excess of the Act's contribution limits, including contributions that would exceed the Act's contribution limits when aggregated with other contributions accepted from the same source; or (B) contributions from sources prohibited by the Act, the Charter, or state or federal law. (ii) Participants have the burden of demonstrating that funds transferred from a committee, other than another authorized committee of the same candidate that has filed contemporaneous disclosure statements with the Board in a timely manner, derive solely from contributions for which records demonstrating the contributors' intent to designate the contributions for the covered election have been submitted and maintained as required pursuant to 52 RCNY §§ 4-05(c)(vi) and 4-01(b)(ii)(D), respectively. (iii) For purposes of enforcing the contribution limit and contribution prohibitions, the Board shall attribute surplus funds and such transfers to the last monetary contributions, loans, and other receipts received by: (A) the candidate on or before the date of the cash balance described in subdivision (b), in the case of surplus funds; or (B) the transferor committee before making the transfer. (iv) For any prohibited or over-the-limit contribution, the candidate must either: (A) promptly refund the excess portion or amount of the prohibited contribution, or (B) keep the excess portion or amount of the prohibited contribution in the transferor committee bank account, not to be used in a covered election. (d) Related expenditures. Expenditures incurred in connection with raising or administering funds transferred from a committee not otherwise involved in a covered election, other than from another principal committee of the same candidate, are presumed to be subject to the expenditure limits of the Act. Participants have the burden of demonstrating that any such expenditures are not subject to the expenditure limits of the Act, as provided in 52 RCNY § 6-01(j). (Added City Record 8/16/2019, eff. 9/15/2019; amended City Record 5/22/2020, eff. 6/21/2020)

52 RCNY § 5-09 Loans.

§ 5-09 Loans. (a) Deposit. All loans must be accepted and deposited, or rejected and returned, within 10 business days after receipt. (b) Loans over $100 may not be made by cash or credit card. (c) Loans forgiven. Any portion of a loan that is forgiven is a monetary contribution from the source of the loan, subject to the contribution limits and prohibitions. (d) Third party repayment of loan. If any portion of a loan is repaid by an individual or entity other than the committee that received the loan, the portion thus repaid is a contribution by that individual or entity. (e) Repayment by next election. If a loan is not repaid by the date of the next election in which the candidate appears on the ballot, the loan, guarantee, or other security for the loan will be considered a contribution subject to the Act's contribution limits and prohibitions. (f) Loans made in regular course of business. A loan made in the regular course of the lender's business shall be deemed, to the extent not repaid by the date of the next election in which the candidate appears on the ballot, a contribution by the lender and by any other individual or entity endorsing, cosigning, guaranteeing, collateralizing, or otherwise providing security for the loan. (g) Loans not made in regular course of business. A loan not made in the regular course of the lender's business shall be deemed, to the extent not repaid by the date of the next election in which the candidate appears on the ballot, a contribution by the lender. (h) Attributing a loan to an election. A loan is presumed to be accepted for the next election in which the candidate seeks nomination or election following the day that the loan is received, except as otherwise provided in 52 RCNY § 5-09(i), and except that: (i) in the case of a state or local election, loans received before the first January 12 after an election will be presumed to be accepted for that election; and (ii) in the case of a federal election, loans received before the first January 1 after the election will be presumed to be accepted for that election, except as may otherwise be provided under federal law and regulations. (i) Post-election loans. (i) Loans received after an election are considered contributions attributed to the previous election, and may be used for such election as provided in this section. (ii) Loans received after an election must be deposited in the committee bank account for that election. (iii) A loan to a candidate's principal committee made from such candidate's personal funds, after a final determination of the Board has been issued with respect to such committee, for the purpose of paying penalties or making required repayments to the Fund pursuant to such determination, is not subject to the contribution limit, even if such loan is subsequently forgiven by such candidate. (j) Interest. A candidate’s committee shall not pay interest or other finance charges on a loan made from the personal funds of the candidate, from the personal funds of a spouse, domestic partner, child, grandchild, parent, grandparent, or sibling of the candidate or spouse or domestic partner of such child, grandchild, parent, grandparent, or sibling, or from an entity in which the candidate or any such person has a 10% or greater ownership interest. (Added City Record 8/16/2019, eff. 9/15/2019; amended City Record 11/19/2024, eff. 12/19/2024)

52 RCNY § 5-10 Attributing Contributions.

§ 5-10 Attributing Contributions. (a) Attributing a contribution to an election. A contribution is presumed to be accepted for the first covered election in which the candidate seeks nomination or election following the day that the contribution is received, unless the contribution was properly transferred to the committee from another committee of the candidate for a different election, and except that: (i) in the case of a state or local election, contributions received before the first January 12 after the election will be presumed to be accepted for that election; and (ii) in the case of a federal election, contributions received before the first January 1 after the election will be presumed to be accepted for that election, except as may otherwise be provided under federal law and regulations. (b) Attributing multiple contributions to a single source and contribution limit. (i) Multiple contributions from a single source will be totaled to determine the candidate's compliance with the applicable contribution limits. (ii) General factors for determining a "single source." Factors for determining whether an individual, individuals in combination, entity, or entities in combination establish, maintain, or control another entity include, but are not limited to: (A) whether the persons or entities make decisions or establish policy for the other entity, including determinations of the recipients of its contributions and the purposes of its expenditures; (B) whether the persons or entities have the authority to hire, appoint, discipline, discharge, demote, remove, or otherwise influence other persons who make decisions or establish policies for the other entity; (C) whether contributions made by the persons or entities and the other entity reflect a similar pattern; and (D) whether the persons or entities know of and have acquiesced in public representations by the other entity that it is acting on their behalf or under their direction. (iii) Attributing single source contributions from labor organizations. Notwithstanding paragraph (i), different labor organizations shall not be considered to be a single source for the purpose of compliance with the applicable contribution limit if the candidate demonstrates that the contributors satisfy the four criteria below: (A) the labor organizations do not share a majority of members of their governing boards; (B) the labor organizations do not share a majority of the officers of their governing boards; (C) the labor organizations maintain separate accounts with different signatories; and (D) the labor organizations make contributions from separate accounts. (iv) Burden is on the candidate. If multiple contributions appear to be from a single source in excess of the contribution limit, the candidate has the burden of demonstrating that they are from different sources. Candidates must review the relationship between contributors who appear to constitute a single source before accepting and depositing contributions. (c) Attributing contribution amount for fundraiser ticket or fundraising item. (i) Fundraiser ticket. When attendees purchase entrance to a fundraiser, the entire amount paid to attend a fundraising event is a contribution. (ii) Fundraising item. When an individual buys an item sold by a candidate to raise funds, the entire amount paid as the purchase price for such item is a contribution. (Added City Record 8/16/2019, eff. 9/15/2019; amended City Record 11/19/2024, eff. 12/19/2024)

52 RCNY § 5-11 Use of Receipts.

§ 5-11 Use of Receipts. (a) Bank accounts. (i) Candidates must maintain a committee account with check writing privileges. Checks issued from such account must be signed by the candidate or an individual so authorized by the candidate. (ii) Candidates must maintain a bank account in the name of the principal or authorized committee. Such bank account: (A) must be used for the deposit of receipts, including public funds, and the making of expenditures, for the covered election; (B) must be used exclusively for the purpose of furthering the candidate's nomination or election in the covered election, and for post-election expenditures as provided in subdivision (c) of this section; and (C) must not contain personal, business, or other non-campaign funds. (iii) Receipts accepted by a participant for one election may not be commingled in an account with receipts accepted for another election, with receipts accepted for a TIE, or with personal or business funds. Notwithstanding the foregoing, participants: (A) may use one account for both the primary and general election in the same calendar year; (B) may open a segregated account pursuant to 52 RCNY § 7-07(b); (C) must use a court-ordered rerun account for public funds received for a court-ordered rerun election; and (D) must use a merchant account for the purpose of accepting credit card contributions pursuant to 52 RCNY § 4-01(b)(ii)(A)(4)(II). (iv) Separate accounts for different elections. A candidate seeking election both to an office subject to the Act and to a state or federal office may maintain a separate allocation account for shared expenses in accordance with Advisory Opinion No. 1996-2 (July 18, 1996). (v) Deposit of receipts. All monetary contributions must be accepted and deposited into the account(s) listed on the candidate's Registration or Certification and in disclosure statements filed with the Board, or rejected and returned to a contributor, within 20 business days after receipt, except contributions made in the form of cash must be accepted and deposited, or rejected and returned to a contributor, within 10 business days after receipt. All monetary receipts accepted for an election must be deposited into the candidate's authorized committee bank account. A monetary receipt is received on the date it is delivered to the candidate. (b) Receipts may be used only for the covered election. A candidate may use receipts only for the covered election for which that account was established. (i) Expenditures not in furtherance of the campaign. In determining whether or not an expenditure is in furtherance of a candidate's nomination or election, the Board may consider the factors from the following non-exhaustive list: (A) the timing of the expenditure; (B) whether the candidate has already purchased duplicative services or equipment; (C) the nature of the goods or services purchased; (D) whether an unusually high proportion of funds was spent on a specific category of expenditure; (E) whether a high total dollar amount or proportion of payments was made to individuals rather than to entities; (F) whether the candidate has demonstrated a pattern of making other expenditures not in furtherance of the campaign or impermissible post-election expenditures; and (G) whether an expenditure made less than one month prior to the election, or after the election, is accompanied by the reporting of a corresponding outstanding liability. (c) Post-election use of receipts. (i) After the last day of the final reporting period of a covered election, a candidate in that election may not expend, transfer, or use receipts accepted for another election, unless the receipts have been deposited in and are disbursed from a separate account, as provided in 52 RCNY § 5-11(a)(iii) and (iv). Funds accepted and separately deposited for the previous election may be transferred to this account only after any required repayments to the Fund have been made and any fines or civil penalties assessed pursuant to the Act have been paid. Contributions and loans accepted for the previous election after such election are subject to 52 RCNY §§ 5-04(d) and 5-09(i). (ii) A participant may not use receipts for any purpose other than disbursements in the preceding election until all unspent campaign funds have been repaid, except as otherwise provided in subparagraph (i) of this paragraph and 52 RCNY § 5-07(d). Notwithstanding the presumption of 52 RCNY § 6-01(h)(i), a participant has the burden of demonstrating that a post-election expenditure is for the preceding election. (Added City Record 8/16/2019, eff. 9/15/2019; amended City Record 5/22/2020, eff. 6/21/2020; amended City Record 1/23/2026, eff. 2/22/2026)

52 RCNY § 5-12 Court Ordered Rerun Elections.

§ 5-12 Court Ordered Rerun Elections. (a) No contributions may be accepted until court contest has begun. A candidate may not accept contributions for a court-ordered rerun election until a complaint has been filed in a court of competent jurisdiction concerning the canvass of returns or the conduct of the election. (b) Where rerun election is canceled, contributions must be reasonably related to expenditures. If a rerun election is ordered by a court but subsequently canceled, a candidate who would have been on the ballot has the burden of demonstrating that any portion of contributions raised may be reasonably attributed to expenses incurred for the rerun election before its cancellation. (Added City Record 8/16/2019, eff. 9/15/2019)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-121868Fetched: 10/24/2026