§ 16-02 Contents of the Voter Guide.
(a) Generally. In addition to any information that the Board determines to be useful for promoting public awareness of the voting process, city government, and the candidates and ballot proposals in an election, the printed and online Voter Guides for an election will contain: (1) the date of the election; (2) the hours during which the polls will be open; (3) an explanation of the voter registration process, including deadlines to register for both the primary and general elections; (4) an explanation of how to obtain and cast or mark an absentee ballot; (5) an explanation of how to cast a vote, including write-in votes; (6) information about the boundaries of City Council districts to aid voters in determining their appropriate district; and (7) tables of contents, graphics, and other materials which the Board determines will make the Voter Guide easier to understand or more useful for the average voter.
(b) Candidate statements.
(i) Candidate print statements.
(A) Candidate print statements contain the following biographical information:
(1) the name of the candidate;
(2) the political party, if any, in which the candidate is enrolled, and for which party lines the candidate's name will appear on the ballot;
(3) the previous and current public offices held by the candidate;
(4) the current occupation and employer of the candidate;
(5) prior employment and positions held by the candidate;
(6) the experience the candidate has had in public service;
(7) the educational background of the candidate;
(8) a list of the candidate's major organizational affiliations;
(9) information about the candidate's principles, platform, or views, in a form prescribed by the Board; and
(10) such other information as may be determined by the Board and requested of the candidate.
(B) The candidate print statement must be submitted in English.
(C) The photograph of the candidate submitted as part of a candidate print statement must:
(1) be a recent photograph;
(2) have a plain background;
(3) show only the face or the head, neck, and shoulders of the candidate;
(4) not include the hands or anything held in the hands of the candidate;
(5) not show the candidate wearing any distinctive uniform, including a judicial robe, or a military, police, or fraternal uniform; and
(6) comply with the size and resolution requirements as determined by the Board.
(D) Candidate print statements may not:
(1) refer to any opposing candidate by name;
(2) contain profanity or statements that are patently offensive, obscene, libelous, or defamatory;
(3) assert facts that the candidate knows or should know to be false; or
(4) violate any city, state, or federal law, including regulations of the New York State Public Service Commission.
(E) A candidate print statement that violates any of the requirements outlined in this chapter, as determined by the Board at its sole discretion, will not be included in the Voter Guide.
(F) Timing of submission.
(1) In the election year, all registered candidates considering filing designating petitions must submit their complete and final print statements in accordance with a deadline set by the Board.
(2) A candidate not named in a filed designating petition who anticipates filing an independent nominating petition for the general election must submit a candidate print statement on or before the "independent candidates" submission deadline set by the Board.
(ii) Candidate video statements.
(A) Candidate video statements must contain the same biographical information as candidate print statements and may contain such other information as the candidate may choose, including a concise audio description of the candidate; provided, however, that the candidate may not:
(1) refer to any opposing candidate by name;
(2) use profanity, or statements, gestures, or materials that are patently offensive, obscene, or pornographic;
(3) make statements that are slanderous, or defamatory, or assert facts that the candidate knows or should know to be false;
(4) engage in any commercial programming or advertising;
(5) display any literature, graphs, or props; or
(6) violate any city, state, or federal law, including regulations of the New York State Public Service Commission and the Federal Communications Commission.
(B) Candidates recording video statements may dress as they choose and are responsible for their own clothing, make-up and hairdressing, except that when recording a video statement, candidates may not:
(1) be fully or partially nude;
(2) wear any distinctive uniform, including a judicial robe, or a military, police, or fraternal uniform; or
(3) violate any city, state or federal law, including regulations of the New York State Public Service Commission and the Federal Communications Commission.
(C) To ensure that candidate scripts meet the requirements of this section, candidate video statement scripts must be submitted for Board approval before the candidate's scheduled recording session, and on or before the script submission deadline set by the Board. Candidates must follow their approved video statement script during the recording. Recorded statements will not be edited by the Board or any entity participating in the production of the video edition of the Voter Guide, except that candidate identification and other election information may be displayed.
(D) Only the candidate may appear on camera, and only the candidate may record a candidate video statement.
(E) Candidates may sit or stand while recording statements. Reasonable accommodations for candidates with special needs will be made.
(F) Video statements shall be recorded in English. Candidates may record a portion of their video statements in a language other than English if the script submitted for Board approval contains both the English and non-English text and an English translation of all non-English text. No additional time will be allotted for statements recorded in multiple languages. The Board will take such measures as it deems reasonable and necessary to ensure that an American Sign Language translation is available for each video statement and that captions are available for each video statement in English and other languages required by law.
(G) Candidate video statements that violate any of the requirements outlined in this chapter, as determined by the Board at its sole discretion, will not be included in the Voter Guide.
(H) Timing of candidate video statement recordings. In the election year, the recording schedule for candidates' video statements will be given to registered candidates in advance. Appointments for candidate video statement recordings will be during the production schedule. A candidate who fails to appear at the scheduled time waives participation in the video edition of the Voter Guide.
(I) The Board will take such measures as it deems reasonable and necessary to ensure that candidate video statements included in the Voter Guide are accessible to individuals with vision disabilities.
(iii) Inclusion of candidate statements in Voter Guide editions.
(A) Primary election edition. Only registered candidates who have met the requirements of this chapter and who are on the ballot in a contested primary will have their candidate print and video statements included in primary election editions of the Voter Guide. Candidates anticipated to appear on the ballot in a contested primary on the date that the primary election print edition goes to press, based on the Board's assessment of information available from the Board of Elections, will have their print statements included in printed editions of the Voter Guide.
(B) General election edition. Only registered candidates who have met the requirements of this chapter and who are on the general election ballot will have their candidate print and video statements included in general election editions of the Voter Guide. Candidates who are seeking nomination or election exclusively as write-in candidates will not be included in the Voter Guide. Candidates anticipated to appear on the general election ballot on the date that the general election print edition goes to press, based on the Board's assessment of information available from the Board of Elections, will have their print statements included in printed editions of the Voter Guide. Candidates running unopposed in the general election will be included in general election editions of the Voter Guide, except where the only election being covered is uncontested, in which case the Board will not produce or distribute print or video editions of the Voter Guide, but will produce an online Voter Guide.
(C) If a candidate in the general election was included in the primary election Voter Guide, then that candidate's primary election Voter Guide statement will be included in the general election Voter Guide, unless the candidate submits a general election Voter Guide statement on or before the deadline set by the Board.
(D) Candidates' print statements will be included in the primary and general election online editions following the requirements in paragraphs (i), (ii), and (iii).
(E) The Board will not accept a candidate print or video statement unless it is submitted in the form required by the Board, including any signatures or notarizations, and unless the candidate has verified that the contents of the submission are true to the best of the candidate's knowledge. The Board may reject any portion of a candidate's print or video statement that it decides is obscene, libelous, slanderous, defamatory, or otherwise in violation of these rules.
(iv) Candidate statements must not exceed the length and space limitations provided by the Board. The Board may require that candidate print statements follow a consistent format, and may edit statements to make them similar in presentation and length and consistent with existing law. Candidate video statements that exceed their allotted statement time, as determined by the Board, will be cut off at the time limit.
(v) A candidate print statement or video script is a written instrument which becomes part of the Board's records when filed. A candidate may not include any false information in the print statement or video script. The candidate must verify that the print statement and video script are true, to the best of the candidate's knowledge.
(vi) The Board will publish one of the following notices with each candidate print statement:
(A) In the case of a participant: "Participant in the Campaign Finance Program" or similar language.
(B) In the case of a non-participant: "Not a participant in the Campaign Finance Program" or similar language.
(c) Ballot proposals.
(i) The print and online editions of the Voter Guide for a general election in which a city ballot proposal is anticipated to appear on the ballot will contain: (A) the form of each ballot proposal as it will appear on the ballot in the general election; (B) a plain-language abstract of each ballot proposal; and (C) to the extent feasible, clearly-labeled major arguments for and against the passage of each ballot proposal. If feasible, the Board will solicit public statements for and against passage of each ballot proposal for possible inclusion in the Voter Guide for the general election.
(ii) A public statement will not be accepted by the Board unless it: (A) is submitted in a form the Board requires, including any signatures; (B) conforms to the length and space limitations; (C) identifies the organization, if any, on whose behalf the statement is made; and (D) clearly argues for or against passage of the proposal. No person may submit more than one statement per ballot proposal.
(iii) Board determines whether to publish statements for and against ballot proposals. With respect to statements for or against passage of ballot proposals, the Board may determine: (A) not to publish any such statements; (B) not to publish any statement submitted pursuant to paragraph (i) of subdivision (c); (C) to publish any portion of a statement submitted pursuant to paragraph (i) of subdivision (c); and (D) to compose and publish such statements as it deems appropriate.
(iv) State ballot proposals. The Board will include information about state ballot proposals in Voter Guides for a covered office or a city ballot proposal. The Board may produce an online Voter Guide to provide information about state ballot proposals during an election for which no print Voter Guide is produced.
(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)
