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Form a Business

Expenditures

RCNY tit. 52, ch. 6
in effect

52 RCNY § 6-01 Expenditure Limits.

§ 6-01 Expenditure Limits. (a) Participants may not exceed the applicable expenditure limits provided in § 3-706 of the Code. (b) Adjustment. Pursuant to § 3-706(1) of the Code, not later than the first day of March in the year 2010, and every fourth year thereafter, the Board shall adjust the expenditure limits. Such adjustment shall be made in accordance with 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 shall be based on 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) Participants have the burden of monitoring their expenditures to be sure that they do not exceed the limit. (d) Applicability. All expenditures made by a participant to further the participant's nomination or election, including expenditures made for the purpose of furthering or facilitating the defeat of the nomination or election of an opponent or prospective opponent, are subject to the expenditure limit applicable under the Act. All expenditures made by the participant shall be totaled to determine the participant's compliance with the applicable expenditure limit. Expenditures incurred after the last election in an election year in which the participant is a candidate, or a special election, are not subject to the expenditure limits for that election. (e) Expenditures made during the three calendar years preceding the election. Expenditures made by a participant during the three calendar years preceding the year of a covered election are subject to the applicable expenditure limit set forth in § 3-706(2) of the Code. A participant is permitted to make expenditure in excess of this limit. However, pursuant to § 3-706(2a)(a), the amount by which the limits of § 3-706(2) are exceeded will be counted against the participant's first election year expenditure limit under § 3-706(1). (f) Expenditures made during the year of the election. Expenditures made on or after the first day of January in the year of a covered election, and expenditures attributed to the year of the election pursuant to paragraph (v) of subdivision (h) of this section, are subject to the applicable expenditure limit set forth in § 3-706(1) of the Code. (g) Expenditures for or against a ballot proposal. Expenditures made by a participant's principal committee for the purpose of advocating a vote for or against a proposal on the ballot in an election that is also a covered election, regardless of whether the expenditures were also made to further or facilitate the participant's nomination or election, shall be subject to the contribution and expenditure limits applicable to such covered election. (h) Attributing an expenditure. (i) An expenditure is presumed to be made for the first covered election in which the candidate seeks nomination or election following the day that the expenditure is made, except: (A) expenditures made before the first January 12 after a state or local election will be presumed to be made for that election; and (B) expenditures made before the first January 1 after a federal election will be presumed to be made for that election, except as may otherwise be provided under federal law and regulations. (ii) No contested primary. If there is no contested primary election in any party for an office, expenditures made by a candidate seeking that office will be entirely attributed to the general election. (iii) Contested primary or write-in primary. (A) If there is a contested or write-in primary election in any party for an office, every participant or limited participant seeking that office, regardless of whether the participant or limited participant is in the primary election, may make expenditures subject to the primary election expenditure limit of § 3-706(1) of the Code, provided the participant or limited participant files the two pre-primary and 10 day post-primary election disclosure statements pursuant to 52 RCNY § 4-05(b)(ii)(B) and (C) in a timely manner. In this case, the general election expenditure limit will first apply after the date of the primary election. (B) Expenditures incurred after the date of the contested or write-in primary election will be attributed to the general election. (C) Expenditures incurred before the primary election by a candidate in a contested primary election are attributed to the primary election, regardless of whether the candidate also received the nomination of another party without a primary election. (iv) Reasonably anticipated primary. Expenditures may be attributed to a primary election that the Board has determined is reasonably anticipated. (A) If a participant demonstrates to the Board that for a period preceding the primary election the participant had reasonably anticipated a primary election in any party for the office the participant seeks, the participant may attribute expenditures made before and during that period to the primary election expenditure limit of § 3-706(1) of the Code, provided the participant files the two pre-primary and 10 day post-primary election disclosure statements and daily disclosures pursuant to 52 RCNY § 4-05(b)(ii)(B), (C), and 52 RCNY § 4-06 in a timely manner. In this case, the general election expenditure limit will first apply after that period. (B) In order to demonstrate to the Board that for a period preceding the primary election the participant had reasonably anticipated a primary election, the participant must file a petition, consisting of an affidavit with supporting documentation, with the Board no later than 10 business days following the date the last remaining candidate other than the participant was finally disqualified from the ballot as set forth in 52 RCNY § 7-01(e)(i). (1) The affidavit must: (I) be sworn to or affirmed by the candidate; (II) specify the period of time during which it was reasonable to anticipate that a primary election would be held; (III) identify the prospective candidate(s); and (IV) provide a factual basis for the participant's belief that a primary election was reasonably anticipated during the specified period of time. (2) The supporting documentation must demonstrate that the prospective candidate(s) engaged in activities that would lead a reasonable person to believe that such candidate(s) would participate in the primary election. Such activities may include: (I) authorizing a political committee with the Board for the primary election; (II) filing a Registration or Certification with the Board; (III) engaging in petitioning activity, including the filing of petitions with the Board of Elections; (IV) producing and/or distributing campaign communications related to the primary election; and (V) campaigning for office or otherwise publicly declaring an intent to participate in the primary election. (C) Once it is determined that no primary election will be held for nomination to an office, or that such primary election is no longer reasonably anticipated, subsequent expenditures will be subject to the general election expenditure limit. (v) Timing of expenditures. As provided and described in §§ 3-706(1) and (2) of the Code, an expenditure for goods or services is made when the goods or services are received, used, or rendered, regardless of when payment is made. Expenditures for goods or services received, used, or rendered in more than one year, including campaign websites, shall be attributed in a reasonable manner to the expenditure limits of § 3-706(1) or (2) of the Code, as appropriate. (A) Expenditures for campaign advertising or other campaign communications shall be attributed to the expenditure limit in effect when the advertisement or communication is distributed, broadcast, or published. For the purposes of this paragraph, "campaign advertising or other campaign communications" shall not include a campaign website. A communication that is mailed shall be considered to have been "distributed" on the date on which it was postmarked. (B) Expenditures for services performed or deliverables provided over a period that includes both the primary and the general elections shall be attributed in a reasonable manner to the expenditure limits of §§ 3-706(1) and (2) of the Code, as appropriate. (C) Notwithstanding the requirements of this subdivision, the Board may require a candidate to demonstrate that an expenditure should be attributed to the expenditure limit provided in § 3-706(1) or (2) of the Code, as appropriate, based on the timing, nature, and purpose of the expenditure. (i) Exempt expenditures. (i) The following shall not be subject to the expenditure limits: (A) expenses made for the purpose of bringing or responding to any action, proceeding, claim, or suit before any court or arbitrator or administrative agency to determine a candidate's or political committee's compliance with the requirements of this chapter, including eligibility for public funds payments, or pursuant to or with respect to election law or other law or regulation governing candidate or political committee activity or ballot status; (B) expenses to challenge or defend the validity of petitions of designation or nomination or certificates of nomination, acceptance, authorization, declination or substitution, and expenses related to the canvassing or re-canvassing of election results; (C) expenses related to the post-election audit, except as provided in paragraph (ii) of this subdivision; and (D) expenditures for childcare services made pursuant to § 3-702(21)(a)(13) of the Code for an aggregate amount of $20,000 or less; (E) expenses for credit card processing fees paid by a campaign for contributions received by the campaign; and (F) expenses for fees charged by a banking or financial institution on demand deposit account holders for regular use or maintenance of an account, including check fees, monthly fees, overdraft fees, and wire fees. (ii) Exempt expenses related to the post-election audit shall include pre-election expenses for organizing and copying existing records in preparation for submission during the post-election audit, but shall not include pre-election expenses for: (A) Ordinary compliance activities, such as the review of records to identify missing documents, evaluating whether documents meet Board standards, and identifying, preventing, and correcting any potential violation; (B) Post-election work for which an invoice is issued or paid prior to the election; (C) Salaries or other payments to campaign managers, finance chairpersons, treasurers, accountants, advisors, or other consultants; (D) Legal or accounting fees; (E) Costs associated with record creation and retention; (F) Costs associated with running an office or business, such as standard bookkeeping, maintaining checkbook registers, petty cash journals, bank records, and loan records; (G) Bookkeeping for payroll or vendor payments; and (H) Other standard practices that political committees routinely perform as entities that raise and spend funds. (iii) Candidates have the burden of demonstrating that expenditures are exempt pursuant to § 3-706(4) of the Code. To meet this burden, a candidate must maintain contemporaneous, detailed records that demonstrate that each individual expenditure is exempt in accordance with the Act and these rules, and submit such documentation as required. Expenditures not demonstrated to be exempt will be included in the expenditure limit calculation. (iv) Notwithstanding anything otherwise provided for in this subdivision, the reimbursement of an advance shall not be considered an exempt expenditure. (v) For purposes of this subdivision, in determining whether a participant's total expenditures exceed the expenditure limits of § 3-706(1) or § 3-706(3)(a) of the Code, as appropriate, expenditures made in the first three years of the election cycle, to the extent such expenditures do not exceed the limit applicable under § 3-706(2) of the Code, shall be excluded. (j) Expenditure limit compliance for a transfer between political committees. (i) A committee of a participant that receives a transfer of funds from another political committee, other than another principal committee of the same candidate, must: (A) allocate to the transferred contributions any expenditures incurred by the transferor committee in connection with raising transferred contributions, and any expenditures incurred by the transferor committee during the covered election cycle in connection with administering transferred contributions; and (B) upon request, provide documentation related to any such expenditures, including copies of federal forms or disclosure statements filed with the New York State Board of Elections on behalf of the transferor committee. (ii) Expenditures will be applied towards the expenditure limit in effect at the time of the transfer; provided, however, that in the case of transfers made prior to the covered election cycle, expenditures will be applied towards the expenditure limits of § 3-706(2) of the Code. (iii) The participant has the burden of demonstrating, for the purpose of compliance with the expenditure limits, that an expenditure made by the transferor committee was not made in connection with raising or administering the transferred contributions. (k) Expenditure limit relief. (i) Pursuant to § 3-706(3)(a) of the Code, where the Board has determined that a non-participating candidate has spent or contracted or become obligated to spend, or received in loans or contributions, an amount which, in the aggregate, exceeds half the applicable expenditure limit pursuant to § 3-706(1)(a) of the Code, the expenditure limit applicable to participating candidates in the election for that office will be increased to 150% of the expenditure limit. (ii) Pursuant to § 3-706(3)(b) of the Code, where the Board has determined that a non-participating candidate has spent or contracted or become obligated to spend, or received in loans or contributions, an amount which, in the aggregate, exceeds three times the applicable expenditure limit pursuant to § 3-706(1)(a) of the Code, the expenditure limit will no longer apply to participating candidates in the election for that office. (l) Delayed or postponed elections. The expenditure limit applicable to candidates in an election that is delayed or otherwise postponed shall be increased by 0.5% of the original limit for each day by which the election is delayed or postponed; provided, however, that such increase shall not exceed 30% of the original limit. (Added City Record 8/16/2019, eff. 9/15/2019; amended City Record 5/22/2020, eff. 6/21/2020; amended City Record 1/19/2021, eff. 2/18/2021; amended City Record 6/10/2021, eff. 7/10/2021; amended City Record 11/19/2024, eff. 12/19/2024; amended City Record 1/23/2026, eff. 2/22/2026)

52 RCNY § 6-02 Restrictions on Expenditures.

§ 6-02 Restrictions on Expenditures. (a) Spending public funds; qualified expenditures. (i) Public funds may be used only for qualified expenditures. (ii) The following are not considered qualified expenditures: (A) expenditures for any purpose other than to further the candidate's nomination or election; (B) expenditures not incurred between December 15 in the year preceding the year of the election in which the participant is a candidate, and the date of such election; (C) expenditures in violation of any law; (D) payments to the candidate or 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 to an entity in which the candidate or any such person has a 10% or greater ownership interest; (E) payments in excess of the fair market value of services, materials, facilities, or other things of value received; (F) expenditures made after the candidate has been finally disqualified or such candidate's petitions have been finally declared invalid by the Board of Elections or a court of competent jurisdiction, except that such expenditures may be made (1) as otherwise permitted pursuant to § 3-709(7) of the Code, or (2) for a different election (other than a special election to fill a vacancy) held later in the same calendar year in which the candidate seeks election for the same office, unless the candidate is seeking election exclusively as a write-in candidate in such later election; (G) expenditures made after the only remaining opponent of the candidate has been finally disqualified or such opponent's petitions have been finally declared invalid by the Board of Elections or a court of competent jurisdiction, except that such expenditures may be made for a different election (other than a special election to fill a vacancy) held later in the same calendar year in which the candidate seeks election for the same office, unless the candidate is seeking election exclusively as a write-in candidate in such later election; (H) expenditures made for any other election, if the public funds were originally received for a special election to fill a vacancy; (I) payments in cash; (J) contributions, transfers, or loans made to another candidate or political committee; (K) gifts, except brochures, buttons, signs, and other printed campaign material; (L) expenditures to challenge the validity of petitions of designation or nomination, or of certificates of nomination, acceptance, authorization, declination, or substitution, and expenses related to the canvassing of election results; (M) expenditures for which records required by 52 RCNY § 4-01 are not maintained or obtained by the candidate and submitted to the CFB; (N) expenditures that are not itemized in a disclosure statement; (O) payments that are not made or reimbursed from an account disclosed by the candidate pursuant to 52 RCNY § 2-01 or 52 RCNY § 2-02(e); (P) reimbursement for advances, except in the case of individual purchases in excess of $250, provided that the individual purchase is not otherwise not a qualified expenditure on the basis of any of the other subparagraphs of paragraph (ii); (Q) expenditures made in connection with any action, claim, or suit before any court or arbitrator; (R) expenditures made primarily for the purpose of expressly advocating a vote for or against a ballot proposal, unless such expenditures were also made to further the participating candidate's nomination or election; (S) payments of any penalty or fine imposed pursuant to federal, state, or local law; (T) payments for services that were never received, including payments for legal services pursuant to a retainer agreement to the extent payments for such services exceed the value of the services rendered; (U) expenditures to facilitate, support, or otherwise assist in the execution or performance of the duties of public office; (V) expenditures related to childcare services; (W) payments for liabilities that were not reported in the disclosure statement covering the reporting period in which the liability was incurred; or (X) expenditures in excess of $5,000 made by a candidate in a small primary election as defined in 52 RCNY § 7-05(a). (b) Expenditures in cash. A candidate may not use cash for an expenditure of more than $100. (c) Volunteer services. Candidates may not pay volunteers for services already performed on a voluntary basis for that election, but may hire them as paid employees or retain them as consultants for future services. Candidates may not accept professional services on a volunteer basis from individuals who previously provided, on a paid basis, services of a similar nature to the same candidate during the same election cycle. Candidates may not accept volunteer services from any entity, or from an individual having an ownership interest of 10% or more in, or control over, any entity that provided paid services to the same candidate during the same election cycle. Notwithstanding the foregoing, after the election, candidates may accept volunteer services from individuals who previously provided paid services. (d) Candidates may not enter into contracts or agreements that provide for payments to vendors or employees that are conditional upon the receipt of public funds. (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)

52 RCNY § 6-03 Joint Expenditures; Endorsements.

§ 6-03 Joint Expenditures; Endorsements. (a) Generally. Candidates may engage in joint campaign activities, including joint fundraising, joint petitioning, and the production of joint campaign literature, subject to applicable expenditure limits. (b) Candidates must pay proportionally. A candidate must pay for the portion of the joint expenditure that is proportionally equivalent to such candidate's campaign's exposure in or benefit from the joint activity, unless the benefit is de minimis. (i) Candidates and other individuals or entities may present information to the Board establishing such a de minimis benefit pursuant to 52 RCNY § 12-02. (ii) Factors for proportional payment. Among the factors the Board will consider in determining whether the benefit to a candidate is proportionally equivalent to its expenditure or is de minimis are: (A) the geographic distribution or location of the material or activity; (B) the subject matter of the communication; (C) the references to the candidate or the candidate's appearances therein; (D) the relative prominence of a candidate's references or appearances in the communication, including the size and location of references to the candidate and any photographs of the candidate; (E) the timing of the communication; and (F) other circumstances of the communication. (c) Non-proportional payment may lead to in-kind contribution. To the extent a candidate does not pay for the proportional benefit it receives, the candidate is considered to have received an in-kind contribution from the other candidate. An in-kind contribution is also an expenditure by the candidate receiving the contribution. (d) Not joint expenditures. The following activities, by themselves, are not joint expenditures: (i) the act of appearing with another candidate; (ii) endorsing a candidate, or communicating about an endorsement or appearance in an insubstantial way, such as where the endorser's name is one of several names appearing on a communication and is of equivalent prominence as the other names; and (iii) giving fundraising assistance to another candidate in the form of de minimis written communications, such as allowing the use of one's name or signature on a letter soliciting funds for another candidate or on fundraising material where the endorser's name appears alone or with other names and is of equivalent prominence as the other names. (Added City Record 8/16/2019, eff. 9/15/2019)

52 RCNY § 6-04 Independent Expenditures.

§ 6-04 Independent Expenditures. (a) Factors for determining independence. In determining whether an expenditure is independent, the Board may consider whether any of the factors from the following non-exhaustive list apply: (i) the person or entity making the expenditure is also an agent of the candidate; (ii) a person authorized to accept receipts or make expenditures for the person or entity making the expenditure is also an agent of the candidate; (iii) the candidate has authorized, requested, suggested, fostered, or otherwise cooperated in any way in the formation or operation of the person or entity making the expenditure; (iv) the person or entity making the expenditure has been established, financed, maintained, or controlled by any of the same persons or entities as those that have established, financed, maintained, or controlled a political committee authorized by the candidate; (v) the candidate shares or rents space for a campaign-related purpose with or from the person or entity making the expenditure; (vi) the candidate has solicited or collected funds on behalf of the person or entity making the expenditure, during the same election cycle in which the expenditure is made; (vii) the candidate, or any public or private office held or entity controlled by the candidate, including any governmental agency, division, or office, has retained the professional services of the person making the expenditure, or a principal member of the entity making the expenditure, or an individual or entity who has been previously compensated, reimbursed, or retained as a consultant; political, media, or fundraising advisor; employee; vendor; or contractor by the entity making the expenditure, during the same election cycle in which the expenditure is made; (viii) the candidate serves or has served as a principal member or professional or managerial employee of the entity making the expenditure, or as a professional or managerial employee of the person making the expenditure, during the same election cycle in which the expenditure is made; (ix) the candidate and the person or entity making the expenditure have each consulted or otherwise been in communication with the same third party or parties, if the candidate knew or should have known that the candidate’s communication or relationship to the third party or parties would inform or result in expenditures to benefit the candidate; (x) the candidate, or an individual or entity who has been previously compensated, reimbursed, or retained by the candidate as a consultant; political, media, or fundraising advisor; employee; vendor; or contractor, has conveyed strategic information not obtained from a publicly available source to the person or entity making the expenditure or its agent, during the same election cycle in which the expenditure is made, provided that, for purposes of this subdivision, information shall be deemed strategic if it relates to the candidate’s or an opponent’s electoral campaign plans, projects, or activities; (xi) the person or entity making the expenditure has utilized strategic information or data that either (A) is not from a publicly available source or otherwise available by subscription, or (B) has been made publicly available by the candidate, or an individual or entity who has been previously compensated, reimbursed, or retained by the candidate as a consultant; political, media, or fundraising advisor; employee; vendor; or contractor, in a manner which the candidate or such individual or entity knew or should have known would facilitate such utilization; (xii) the person or entity making the expenditure is, or has been established, financed, maintained, or controlled by, the candidate’s spouse, domestic partner, child, grandchild, parent, grandparent, aunt, uncle, or sibling, or the spouse, domestic partner, or child of such child, grandchild, parent, grandparent, aunt, uncle, or sibling; or (xiii) the expenditure is made by an entity in which the candidate, or the candidate’s spouse, domestic partner, child, grandchild, parent, grandparent, aunt, uncle, or sibling, or the spouse, domestic partner, or child of such child, grandchild, parent, grandparent, aunt, uncle, or sibling, holds or has held an ownership interest of ten percent or more or a management position, including, but not limited to, being an officer, director, or trustee, during the same election cycle in which the expenditure is made. (b) Board determination. Upon consideration of the factors described in subdivision (a), the Board may determine by a preponderance of evidence that an expenditure was not independent. Prior to such determination, the candidate and/or the person or entity making the expenditure shall have an opportunity to provide evidence indicating that such expenditure was independent. (c) Presumed non-independent expenditures. Financing the dissemination, distribution, or republication of any broadcast or any written, graphic, or other form of campaign materials prepared by a candidate is presumed to be a non-independent expenditure, unless the candidate can show that the activity was not in any way undertaken, authorized, requested, suggested, fostered, or otherwise cooperated in by the candidate. (d) Non-independent expenditures are contributions and expenditures. An expenditure for the purpose of furthering or facilitating the nomination or election of a candidate which is determined not to be an independent expenditure, is a contribution to, and an expenditure by, the candidate. (e) Expenditures made by party committees or constituted committees. Communication between, or common agents shared by, parties and their nominees will not require a conclusion that all spending by the party's constituted committees and party committees in an election is an in-kind contribution to the nominee. (i) The following expenditures made by party committees or constituted committees are not considered in-kind contributions to a candidate unless it is demonstrated that the candidate in some way cooperated in the expenditure and that the expenditure was intended to benefit that candidate: (A) materials or activities that promote the party, or oppose another party, by name, platform, principles, history, theme, slogans, issues, or philosophy, without reference to particular candidates in an upcoming election subject to the requirements of the Act. (B) materials or activities in connection with candidates and elections not subject to the requirements of the Act. (C) training, compensating, or providing materials for poll watchers appointed by the party pursuant to § 8-500 of the New York State Election Law. (D) promoting party enrollment or voter turnout without reference to particular candidates in an upcoming election subject to Program requirements, including research, polling, recruitment of party employees and volunteers, and development and maintenance of voter and contributor lists. (E) raising funds for the party without reference to particular candidates in an upcoming election subject to the requirements of the Act. (F) mailing of absentee ballot applications in a special or general election in which an office not subject to the requirements of the Act is on the ballot. (ii) The Board may require a candidate to demonstrate that expenditures made by a party committee or constituted committee for the purpose of furthering or facilitating the nomination or election of a candidate, including expenditures for the purpose of furthering or facilitating the defeat of the nomination or election of such candidate's opponent or prospective opponent, are not in-kind contributions to the candidate. (iii) Where a candidate has, without making public disclosure of an outstanding liability in a timely manner, promised or made reimbursement or other payment to a party committee or constituted committee for an expenditure, such expenditure will be considered an in-kind contribution to the candidate during the time preceding the reimbursement or other payment by the candidate. (f) Running as a "ticket". If candidates announce they are running together as a "ticket" for which they have chosen to join together in a broad spectrum of activities to promote each other's election, the Board will presume that expenditures made by one candidate's campaign for materials or activities that clearly identify the other candidate are in-kind contributions to the second candidate. If the expenditures are in-kind contributions, the expenditures are subject to apportionment requirements as joint expenditures. The following factors would increase the burden a candidate would have in overcoming this presumption: (i) the campaigns have staff, consultants, office space, or telephone lines in common; and (ii) other in-kind contributions, expenditure refunds, advances, or joint expenditures have been made between these candidates, or one of the candidates has reported a liability owed to the other candidate(s). (g) Certain routine interactions with entities. Certain routine interactions with entities, absent other indicia of non-independence, will not in themselves lead to a determination of non-independence pursuant to 52 RCNY § 6-04(b), including: (i) Discussions of logistics, including scheduling, regarding a non-fundraising event hosted by the entity; (ii) Communications directly related to an entity's endorsement process, including questionnaires and interviews; and (iii) Requesting, obtaining, or distributing publicly available materials such as a candidate's photograph, biography, position paper, or press release, but not including leaflets, posters, or other similar materials, nor video or audio materials. (Added City Record 8/16/2019, eff. 9/15/2019; amended City Record 11/19/2024, eff. 12/19/2024)

52 RCNY § 6-05 Expenditures Made by Other Committees Established for the Candidate.

§ 6-05 Expenditures Made by Other Committees Established for the Candidate. (a) A candidate has the burden of demonstrating that expenditures made by a committee authorized by such candidate for a different election should not be attributed to the covered election. (b) Failure to meet this burden will result in the application of all Program requirements to these committees for the covered election, including attribution of expenditures to the covered election. (c) Expenditures for fundraising for more than one election. When a candidate makes expenditures for a single event or other activity to raise funds for more than one office, and the next election that will be held is: (i) a covered election, the full amount of such expenditures is subject to the expenditure limit. (ii) not a covered election, a portion of such expenditures will be subject to the expenditure limit in the same proportion as the funds raised for the covered election bears to the total funds raised, unless the candidate can demonstrate to the Board that a different apportionment is applicable. (Added City Record 8/16/2019, eff. 9/15/2019)

52 RCNY § 6-06 Identification of Communications.

§ 6-06 Identification of Communications. (a) "Paid for by". When a candidate makes expenditures for any literature, advertisement, or other communication, including by paying an individual or entity to create, publish, or distribute favorable or unfavorable content about a candidate or ballot measure, the communication must include the words “paid for by” followed by the first and last name of the candidate or the name of the authorized committee that made the expenditures; provided that, if the name of the committee does not include the first or last name of the candidate, the words “paid for by” must be followed by the first and last name of the candidate, either instead of or in addition to the name of the committee. (b) "Authorized by". When a candidate authorizes any individual or entity, other than the candidate, to pay for any literature, advertisement, or other communication in support of or in opposition to any candidate in any covered election, the communication must include the words "authorized by" followed by the first and last name of the candidate or the name of the candidate's authorized committee; provided that, if the name of the committee does not include the first or last name of the candidate, the words "authorized by" must be followed by the first and last name of the candidate, either instead of or in addition to the name of the committee. (c) Form. The identification required by subdivision (a) or (b) of this section must be in the following form: (i) Visual communications. For a visual non-video communication in any medium, the identification must be written in a font of conspicuous size and style and contained in a box within the borders of the communication. (ii) Video communications. For a video communication in any medium, the identification must be clearly spoken at the beginning or end of the communication and, simultaneous with the spoken disclosure, written in a font of conspicuous size and style contained in a box within the borders of the communication. (iii) Audio communications. For an audio communication in any medium, including automated telephone calls, the identification must be clearly spoken at the beginning or end of the communication. (iv) For a non-automated telephone communication, the identification must be clearly spoken at the beginning or end of the communication. If the identification is spoken at the end of the communication, the name of the candidate must also be clearly spoken at the beginning of the call. (d) Languages other than English. For communications primarily in a language other than English, all required written or spoken identification required by this section must be in such language. (e) Where identification would be impracticable. This requirement may be modified by the Board concerning items upon which identification would be impracticable. (Added City Record 8/16/2019, eff. 9/15/2019; amended City Record 1/19/2021, eff. 2/18/2021; amended City Record 2/15/2023, eff. 3/17/2023; amended City Record 11/19/2024, eff. 12/19/2024)

52 RCNY § 6-07 Routine Communication Sent by a Political Club to its Members.

§ 6-07 Routine Communication Sent by a Political Club to its Members. A routine communication sent by a political club to its members that includes the name of a candidate is not an in-kind contribution to such candidate, provided that: (a) the candidate is already a member of the club; (b) the club has fewer than 500 members; and (c) the communication does not solicit funds on behalf of or otherwise promote the candidate's campaign for a covered election. (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/0-0-0-122077Fetched: 10/24/2026

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