Int. No. 586-A
By The Speaker (Council Member Quinn) and Council Members Felder, Rivera, Comrie, Fidler, de Blasio, Dickens, Arroyo Jackson, Garodnick, Gentile, Gerson, Gioia, James, Lappin, Mark-Viverito, McMahon, Nelson, Recchia, Reyna, Seabrook, Stewart, Vacca, Weprin, White Jr., Liu, Mendez and The Public Advocate (Ms. Gotbaum) (in conjunction with the Mayor)
A Local Law to amend the New York city charter and
the administrative code of the city of New York, in relation to campaign
finance.
Be it enacted by the Council as follows:
Section 1. Subdivision 3 of section 3-702 of the
administrative code of the city
of New York, as amended by local law number 17 for the year 2006, is amended,
and three new subdivisions 18, 19 and 20 are added, to read as follows:
3. The term “matchable contribution” shall mean (i) a contribution, (ii) contributions or (iii) a portion of a contribution or contributions, not greater than the applicable contribution limitation set forth in paragraph (f) of subdivision one of section 3-703 for all covered elections held in the same calendar year, made by a natural person resident in the city of New York to a participating candidate which has been reported in full to the campaign finance board in accordance with subdivision six of section 3-703 by the candidate’s principal committee and has been contributed on or before December thirty-first in the year of such election that may be matched by public funds in accordance with the provisions of this chapter. Any contribution, contributions, or a portion of a contribution determined to be invalid for matching funds by the board may not be treated as a matchable contribution for any purpose. A loan may not be treated as a matchable contribution. The following contributions are not matchable:
(a) in-kind contributions of property, goods, or services;
(b) contributions in the form of the purchase price paid for an item with significant intrinsic and enduring value;
(c) contributions in the form of the purchase price paid for or otherwise induced by a chance to participate in a raffle, lottery, or similar drawing for valuable prizes;
(d) money order contributions from any one contributor that are, in the aggregate, greater than $100;
(e)
contributions from individuals under the age of eighteen years;
(f) contributions from individual vendors to whom the participating candidate or
his or her principal committee makes an expenditure, in furtherance of the
nomination for election or election covered by the candidate's certification,
unless such expenditure is reimbursing an advance; [and]
(g) contributions from lobbyists or other
persons required to be included in a statement of registration filed pursuant
to section 3-213(c)(1) or section
3-213-d. The board shall rely on the
database maintained by the city
clerk pursuant to section 3-221 or such other information known to the board to determine whether a contribution
is not matchable based on the
contributor's status as a lobbyist or person required to be included in a statement of registration filed pursuant
to section 3-213[.]; and
(h) contributions from contributors subject to the limitations of subdivision one-a of section 3-703 of this chapter.
18. a. The term “business dealings with the city”
shall mean (i) any contract for the procurement of goods or services or
construction that is entered into or in effect with the city of New York or any
agency or entity affiliated with the city of New York (other than a contract
procured through competitive sealed bidding, or one or more contracts with a
single person or entity for the procurement of goods or services totaling not
more than the dollar value set forth in
section 6-116.2(i)(3)(a) of the administrative code, or for construction totaling
not more than five hundred thousand
dollars, or an emergency contract awarded pursuant to section 315 of the
charter), and shall include any contract for the underwriting of the debt of
the city of New York or any agency or entity affiliated with the city of New
York and the retention of any bond counsel, disclosure counsel or underwriter’s
counsel in connection therewith; (ii) any acquisition or disposition of real
property (other than a public auction or competitive sealed bid transaction or
the acquisition of property pursuant to the department of environmental
protection watershed land acquisition program) with the city of New York or any
agency or entity affiliated with the city of New York; or (iii) any application
for approval sought from the city of New York
pursuant to the provisions of section 195 of the charter, any
application for approval sought from the city of New York that has been
certified pursuant to the provisions of section 197-c of the charter, and any application for a zoning text
amendment that has been certified pursuant to section 201 of the charter; provided, however that for purposes of this
clause, with respect to section 195 an applicant shall include the lessor of an
office building or office space, and with respect to section 197-c an applicant
shall include a designated developer or sponsor of a project for which a city
agency or local development corporation is the applicant and provided, further,
however, that owner-occupants of one, two and three family homes shall not be
considered applicants pursuant to this clause; or (iv) one or more concessions
(other than concessions awarded through competitive sealed bid) or franchises
from the city of New York or any agency or entity affiliated with the city of
New York with estimated aggregate payments to the city of more than the dollar value set forth in section
6-116.2(i)(3)(a) of the administrative code per fiscal year; or (v) one or more
grants totaling not more than the dollar value set forth in section
6-116.2(i)(3)(a) of the administrative code,
received from the city of New York or any agency or entity affiliated
with the city of New York; or (vi) any economic development agreement entered
into or in effect with the city of New York or any agency or entity affiliated
with the city of New York; or (vii) any contract for the investment of pension
funds, including investments in a private equity firm and contracts with
investment related consultants. In
addition, for purposes of this chapter a lobbyist as defined in section 3-211
of this title shall be deemed to be engaged in business dealings with the city
of New York during all periods covered
by a registration statement.
For purposes of clauses (i), (iv) and (v) of this subdivision, all
contracts, concessions, franchises and grants that are five thousand dollars or
less in value shall be excluded from any calculation as to whether a contract,
concession, franchise or grant is a business dealing with the city. For
purposes of clauses (ii) and (iii) of this subdivision, the department of city
planning, in consultation with the board, may promulgate rules to require
the submission by applicants to the city of information necessary to
implement the requirements of subdivisions 1-a and 1-b of section 3-703 of this
chapter as they relate to clauses (ii) and (iii) of paragraph (a) of this
subdivision for purposes of inclusion in the doing business database
established pursuant to subdivision (20) of this section. For purposes of this subdivision, actions,
transactions, and agreements for the purpose of providing affordable housing pursuant to the Private Housing
Finance Law or the General Municipal Law or any other city, state or federal
program, including but not limited to actions, transactions and agreements for
such purposes which involve land dispositions, loans, grants, real property tax
exemptions, zoning bonuses, low income housing tax credits, rent subsidies, or
agreements imposing limitations on the incomes of residents or on the rents or
other charges to be paid by such residents, shall not constitute business
dealings with the city of New York. For
purposes of this subdivision, “agency or entity affiliated with the city of New
York” shall mean the city school district of the city of New York and any
public authority, public benefit corporation or not for profit corporation, the
majority of whose board members are officials of the city of New York or are
appointed by such officials.
b. Business dealings with the
city as defined in this subdivision shall be limited as follows: for purposes of clause (i) of paragraph (a)
of this subdivision, bids or proposals on contracts for the procurement of
goods, services, or construction shall only constitute business dealings with
the city of New York for the period from the later of the submission of the bid
or proposal or the date of the public advertisement for the contract
opportunity until twelve months after the date of such submission or
advertisement, and contracts for the procurement of goods, services or
construction shall only constitute business dealings with the city of New York
during the term of such contract and for twelve months after the end of such
term, provided, however that where such contract award is made from a line item
appropriation and/or discretionary funds made by an elected official other than
the mayor or the comptroller, such contract shall only constitute business
dealings with the city from the adoption of the budget in which the
appropriation of such contract is included until twelve months after the end of
the term of such contract; for purposes of clause (ii) of paragraph a of this
subdivision, leases in which the city of New York is the proposed lessee, shall only constitute business dealings with the city from
the date the application for
acquisition is filed pursuant to section 195 or the date of the certification
of such application pursuant to section 197-c to a period of one year after the
commencement of the lease term or after the commencement of any renewal and
where the city or any city affiliated entity is disposing of any real property
interest, shall only constitute business dealings with the city from the date
of the submission of a proposal and during the term of any agreement and one
year after; for purposes of clause (iii) of paragraph (a) of this subdivision, applications
for approval sought from the city of New York pursuant to the provisions of
sections 197-c or 201 of the charter, except for applications for leases as
described in clause (ii), shall only constitute business dealing with the city
from the date of the certification of such application to the date that is one
hundred twenty days after the date of filing by the council with the mayor of
its action pursuant to subdivision e of section 197-d of the charter or in the
case of a decision of the city planning commission for which the council takes
no action pursuant to paragraph (3) of subdivision (b) of section 197-d of the
charter, the date which is twenty days following the filing of such decision
with the council pursuant to subdivision a of section 197-d of the charter,
provided, however, that in the case of a disapproval of a council action by the
mayor pursuant to subdivision e of section 197-d of the charter, such date
shall be one hundred twenty days after expiration of the ten day period for
council override pursuant to such section; for purposes of clause (iv) of paragraph (a)
of this subdivision, bids or proposals for franchises and concessions shall
only constitute business dealings with the city of New York for the period from
the submission of the bid or proposal until twelve months after the date of
such submission, concessions shall only constitute business dealings with the
city of New York during the term of such concession and for twelve months after
the end of such term, and franchises shall only constitute business dealings
with the city of New York for the period of one year after the commencement of
the term of the franchise or after the commencement of any renewal; for
purposes of clause (v) of paragraph (a) of this subdivision, grants shall
constitute business dealings with the city of New York for one year after the
grant is made; for purposes of clause (vi) of paragraph (a) of this
subdivision, economic development agreements shall constitute business dealings with the city from the submission of
an application for such agreement and during the term of such agreement and for
one year after the end of such term; and for purposes of clause (vii) of
paragraph (a) of this subdivision, contracts for the investment of pension
funds, including the investments in a private equity firm and contracts with
investment related consultants shall constitute business dealings with the city
from the time of presentation of investment opportunity or the submission of a
proposal, whichever is earlier, and during the term of such contract and for
twelve months after the end of such term.
c. Notwithstanding anything in
this subdivision, a person, as defined by subdivision 20 of section 3-702, who
has submitted bids or proposals on contracts for the procurement of goods,
services or construction or who has submitted bids or proposals for franchises
or concessions that are no longer being considered for an award or a person who
for any other reason believes he or she should not be on the database may apply
to the city chief procurement officer or other person designated by the mayor
for removal from the doing business database and shall be removed from the
database upon a determination that said person should not be included in the
database.
d. A
person, as defined by subdivision 20 of section 3-702, shall be considered to
have business dealings with the city as of the date the person’s name is
entered in the doing business database, as such date is indicated in such
database or the date the person began doing business with the city, as such
date is indicated in such database, whichever is earlier, except that the date
on which the person is considered doing business with the city shall not be
earlier than thirty days before the date the person’s name is entered into such
database.
19.
The term “economic development agreement” means any contract or
agreement in which financial incentives including, but not limited to, tax
incentives, payments in lieu of taxes and financing are offered in return for
the development, attraction or retention of business; provided, however that no
financial incentives which are given to a person who qualifies for such
incentive by operation of law shall be deemed to be pursuant to an economic
development agreement for purposes of this chapter.
20.
The term “doing business database” means a computerized database
accessible to the board that contains the names of persons who have business
dealings with the city; provided, however that for purposes of this chapter the
doing business database shall not be required to contain the names of any
person whose business dealings with the city are solely of a type for which the
board has not certified that such database includes the names of those persons
engaged in such type of business dealings with the city. Such database shall be developed, maintained
and updated by the office of the mayor in a manner so as to ensure its
reasonable accuracy and completeness; provided, however, that in no event shall
such database be updated less frequently than once a month. Such computerized database shall contain a
function to enable members of the public to determine if a given person is in
the database because such person has business dealings with the city. For purposes of this definition, the term
“person” shall include an entity that has business dealings with the city, any chief executive officer, chief financial
officer and/or chief operating officer of such entity or persons serving in an
equivalent capacity, any person employed in a senior managerial capacity regarding such entity, or any person
with an interest in such entity which exceeds ten percent of the entity
provided, however, that “entity” for purposes of this definition shall not
include a neighborhood, community or similar association consisting of local
residents or homeowners organized on a non-profit basis where such association
is the applicant pursuant to subsection
(3) of subdivision (a) of section 197-c of the charter or pursuant to
section 201 of the charter or is a
parent company or an affiliated company of an entity. For purposes of this subdivision, the phrase “senior managerial
capacity” shall mean a supervisory capacity, either by virtue of title or
duties, in which substantial discretion is exercised over the solicitation,
letting or administration of any contract, franchise or concession, grant or
economic development agreement with the city or application for any land use
approval from the city.
§2. Section 3-703 of the administrative code of the city of New York is amended by adding two new subdivisions 1-a and 1-b to read as follows:
1-a. Notwithstanding any inconsistent provision
of this section, a participating candidate or his or her principal committee
may accept, either directly or by transfer, a contribution or contributions for
a covered election from a natural person who has business dealings with the
city, as that term is defined in subdivision eighteen of section 3-702 of this
chapter, if the aggregate of such contributions to such candidate from such
person for such election does not exceed:
(i) for the office of mayor, public advocate or comptroller four hundred
dollars; (ii) for borough president three hundred twenty dollars; (iii) for
member of the city council two hundred fifty dollars. Any contribution made pursuant to this section shall not be a
matchable contribution. For purposes of
this subdivision, “person” shall include any chief executive officer, chief
financial officer and/or chief operating officer of an entity which has
business dealings with the city, any person employed in a senior managerial
capacity regarding such an entity, or any person with an interest in such an
entity which exceeds ten percent of the entity. For purposes of this subdivision, the phrase “senior managerial
capacity” shall mean a supervisory capacity, either by virtue of title or
duties, in which substantial discretion is exercised over the solicitation,
letting or administration of any contract, franchise, or concession, grant or
economic development agreement with the city or application for any land use
approval from the city. Notwithstanding any provision of this subdivision, the
limitations on contributions contained herein shall not apply to any
contribution made by a natural person who has business dealings with the city
to a participating candidate or his or her principal committee where such
participating candidate is the contributor, or where such participating
candidate is the contributor’s parent, spouse, domestic partner, sibling,
child, grandchild, aunt, uncle, cousin, niece or nephew by blood or by
marriage.
1-b. Individuals and
organizations having business dealings with the city of New York. a. Each
participating candidate and his or her principal committee shall inquire of
every individual or entity making, a contribution, loan, guarantee or other
security for such loan in excess of the amounts set forth in subdivision 1-a of
section 3-703, through a question, in a form prescribed by the campaign finance
board, as to whether such individual, corporation, partnership, political
committee, employee organization or other entity has business dealings with the
city, as that term is defined in this chapter, and, if so, the name of the
agency or entity with which such business dealings are or were carried on and the
appropriate type or category of such business dealings. Such form shall contain in prominent
typeface and in a prominent location the statement “If a contributor has
business dealings with the City as defined in the campaign finance act, such
contributor may contribute only up to two hundred fifty dollars for city
council, three hundred twenty dollars for borough president and four hundred
dollars for mayor, comptroller or public advocate.” Upon receipt of the
response to such inquiry (including any failure to respond), the principal
committee shall keep a copy in its records and shall report each contribution
to the board on the next applicable filing deadline in accordance with the
board’s disclosure schedule. The board
shall check each contribution against the doing business database and shall
notify the principal committee within twenty days of the reporting of such
contribution if a contribution exceeding the doing business contribution
limitation set forth in subdivision 1-a of section 3-703 is subject to such
limitations of this subchapter or if a contribution is not matchable pursuant
to such subdivision. Notwithstanding any provision in this subdivision, in the
six weeks preceding the covered election the board shall provide such
notification to the principal or authorized committee within three business
days of the reporting of such contribution to the board in accordance with
applicable reporting deadlines. If the
board fails to notify the principal committee that a contribution is in excess of
the limitations set forth in subdivision 1-a of section 3-703 of this chapter
in accordance with this subdivision, any such contribution shall be deemed
valid for purposes of such limitation provided, however, that no such
contribution shall be matchable. Such
principal committee shall have twenty days from the date of any such
notification to return the amount of any contribution in excess of the
limitations set forth in subdivision 1-a of section 3-703 to the contributor. No violation shall issue and no penalty
shall be imposed where such excess amount is postmarked or delivered within
twenty days of such notification by the board and the board shall not designate
a candidate as having accepted a contribution in excess of such limitations
where such excess has been returned in accordance with the time limitations set
forth herein. Failure to return such
excess amount in accordance with the provisions herein shall not result in the
board withholding public funds for which the participating candidate’s principal
committee is otherwise eligible pursuant to section 3-705 of this chapter;
provided, however, that the board may deduct an amount equal to the total
unreturned contributions in excess of the limitations set forth in subdivision
1-a of section 3-703 of this chapter from such payment of public funds. For purposes of this section, “individual”
shall include any chief executive officer, chief financial officer, and/or
chief operating officer of an entity or
persons serving in an equivalent capacity, any person in a senior managerial
capacity regarding an entity, or any person with an interest in an entity,
which exceeds ten percent of the entity.
For purposes of this subdivision, the phrase “senior managerial
capacity” shall mean a supervisory capacity, either by virtue of title or
duties, in which substantial discretion is exercised over the solicitation,
letting or administration of any contract, franchise or concession, grant or
economic development agreement with the city or application for any land use
approval from the city. Notwithstanding
any other provision of this section, no participating candidate shall be liable
for any fine or penalty for the failure of any contributor to respond to any
such request or for any erroneous response.
§3. Subparagraph (i) of paragraph c of subdivision 1 of section 3-703 of the administrative code of the city of New York, as amended by local law 12 for the year 2003, is amended to read as follows:
(i) the [first] tenth day of June in the year of the covered election, or such other later date as the board shall provide, provided, however that any candidate who files such written certification prior to such date shall be permitted to rescind such certification in writing on or before such date;
§4. Section 3-705 is amended by adding two new
subdivisions 9 and 10 to read as follows:
9. If
a participating candidate endorses or publicly supports his or her opponent for
election, such candidate shall not be eligible for public funds.
10. Participating
candidates who lose in the primary election but remain on the ballot for the
general election must certify to the board that they will actively campaign for
office by including, but not limited to, raising and spending funds, seeking
endorsements and broadly soliciting votes before receiving public funds.
§5. Paragraph (d) of subdivision 1 of section 3-703 of the administrative code of the city of New York, as amended by local law 59 for the year 2004, is amended to read as follows:
(d) obtain and furnish to the campaign finance board and his or her principal committee or authorized committees must obtain and furnish to the board any information it may request relating to his or her campaign expenditures or contributions and furnish such documentation and other proof of compliance with this chapter as may be requested by such board, provided, however, that the board shall accept such required documentation through an electronically scanned transmission;
§6. Section 3-703 of the administrative code of the city of New York is amended by adding a new subdivision 15 to read as follows:
15. Participating candidates, their campaign managers, treasurers or
persons with significant managerial control over a campaign shall be required
to attend a training provided by the campaign finance board concerning
compliance with the requirements of the campaign finance program and use of the
campaign finance program software.
§7. Subdivision 4 of section 3-705 of the administrative code of the city of New York, as amended by local law 58 for the year 2004, is amended to read as follows:
4. The campaign finance board shall make possible payment within four business days after receipt of reports of matchable contributions, or as soon thereafter as is practicable, but not earlier than the earliest dates for making such payments as provided in subdivisions five and six of section 3-709; provided, however, that the board shall withhold up to five percent of all public funds payments to participating candidates until the final pre-election payment for any given election. The board shall schedule a minimum of three payment dates within the thirty days prior to a covered election. For purposes of such payment dates, the board shall provide each candidate with a written determination specifying the basis for any non-payment. The board shall provide candidates with a process by which they may immediately upon receipt of such determination petition the board for reconsideration of any such non-payment and such reconsideration shall occur within five business days of the filing of such petition. In the event that the board denies such petition then it shall immediately notify the candidate of its right to appeal to appeal pursuant to article 78 of the civil practice law and rules.
§8. Subdivision 8 of section 3-708 of the administrative code of the city of New York, as separately amended by local laws numbered 58, 59 and 60 for the year 2004, is amended to read as follows:
8. The board shall have the authority to promulgate such rules and regulations and provide such forms as it deems necessary for the administration of this chapter. The board shall promulgate regulations concerning the form in which contributions and expenditures are to be reported, the periods during which such reports must be filed and the verification required. The board shall require the filing of reports of contributions and expenditures for purposes of determining compliance with paragraph (f) of subdivision one of section 3‑703, section 3‑706, subdivision 1-a of section 3-703, section 3-718, and section 3-719 in accordance with the schedule specified by the state board of elections for the filing of campaign receipt and expenditure statements.
§9. Paragraphs (a) and (b) of subdivision 5 of section 3-709.5 of the administrative code of the city of New York, as added by local law 58 for the year 2004, are amended, and a new subdivision 12 is added to read as follows:
(a) The written application shall:
(i) demonstrate that the organization and any proposed co-sponsor meet the criteria of subdivision four of this section;
(ii) specify the election and office for which the organization seeks to sponsor the debate;
(iii) set forth the date, time, duration, and location of the debate and the specific and exclusive circumstances under which the date or time may be changed, together with a provision for when the rescheduled debate would be held;
(iv) provide a detailed description of the format and ground rules for the debate;
(v) verify that the staging, promotion, and coverage of the debate shall be in conformance with all applicable laws;
(vi) include an agreement to indemnify the city for any liability arising from the acts or omissions of the sponsor; and
(vii) set forth plans for publicity and for broadcast and other media coverage for the debate; and
(viii) set forth the criteria for determining which candidates are eligible to participate in each debate the organization seeks to sponsor, in accordance with paragraph (b) of this subdivision.
(b) (i) Except as otherwise provided in subparagraph (ii) below, each debate for a primary, general or special election shall include only those participating candidates or limited participating candidates the sponsor of each such debate has determined meet the non-partisan, objective, and non-discriminatory criteria set forth in any agreement between the sponsor and the board; provided, however, that the criteria for the first debate for a primary, general, or special election shall provide, among other criteria, (A) that a participating candidate shall be eligible to participate in such debate if he or she has, by the last filing date prior to such debate, [either] (I) spent, contracted, or obligated to spend, [or] and (II) received in contributions, an amount equal to or more than twenty percent of the threshold for eligibility for public funding applicable to participating candidates contained in subdivision two of section 3-703, and (B) that a limited participating candidate shall be eligible to participate in such debate if he or she has, by the last filing date prior to such debate, spent, contracted, or obligated to spend, an amount equal to or more than twenty percent of the threshold for eligibility for public funding applicable to participating candidates seeking the office for which such debate is being held contained in subdivision two of section 3-703; provided however, that for the purpose of determining whether a candidate has met the financial criteria to be eligible to participate in such debate, only contributions raised and spent in compliance with the act shall be used to determine whether the candidate has raised and spent twenty percent of the threshold for eligibility for public funding applicable to participating candidates contained in subdivision two of section 3-703; provided, further, that the second debate for a primary, general, or special election shall include only those participating candidates or limited participating candidates who the sponsor has also determined are leading contenders on the basis of additional non-partisan, objective, and non-discriminatory criteria set forth in any agreement between the sponsor and the board. Nothing in this provision is intended to limit the debates to the two major political parties.
(ii) If a debate sponsor has determined that a non-participating candidate has met all the non-partisan, objective, and non-discriminatory criteria applicable to participating candidates or limited participating candidates for access to any of the primary, general, or special election debates, the sponsor may invite that candidate to participate in such debate. In the case of a run-off primary election or a run-off special election, the sponsor may invite a non‑participating candidate to participate in such debate. However, if a non-participating candidate does not accept such invitation to debate or does not appear at such debate, the debate shall go forward as scheduled; provided, however, if there is only one participating candidate or limited participating candidate participating in any such debate, [upon agreement by the debate sponsor, the board and the potential debater,] such debate [may] shall be canceled.
12. The city of New York shall indemnify each
sponsor for any liability of such sponsor arising out of the acts or omissions
of the city of New York in connection with the selection of candidates for
participation in any debate, held pursuant to this section 3-709.5.
§10. Paragraph b of subdivision 2 of section 3-710 of the administrative code of the city of New York, as amended by local law 69 for the year 1990, is amended to read as follows:
b.
If the board determines that any portion of the payment made to a
principal committee of a participating candidate from the fund was used for
purposes other than qualified campaign expenditures, it shall notify such candidate
and committee of the amount so disqualified and such candidate and
committee shall pay to the board an amount equal to such disqualified amount; provided,
however that in considering whether or not a participating candidate shall be
required to pay to the board such amount or an amountlessamount less
than the entire disqualified amount, the board shall act in accordance with the
following: (i) where credible
documentation supporting each qualified campaign expenditure exists but is
incomplete, the board shall not impose such liability for such expenditure;
(ii) where there is an absence of credible documentation for each qualified
campaign expenditure, the board may
impose liability upon a showing that such absence of credible documentation for
such expenditure arose from a lack of adequate controls including, but not
limited to trained staff, internal procedures to follow published board
guidelines and procedures to follow standard financial controls.
§11. Paragraph b of subdivision 1 of section 3-719 of the
administrative code of the city of New York, as added by local law 60 for the
year 2004, is amended to read as follows:
§12. Paragraph b of subdivision 2 of section 3-719 of the
administrative code of the city of New York, as added by local law 60 for the
year 2004, is amended to read as follows:
(b) A non-participating candidate, and the
authorized committees of such a non-participating candidate, shall only accept
contributions as limited by the provisions of paragraphs (f) and (l) of
subdivision one of section 3-703, [and] subdivision 1-a of section 3-703,
and subdivision ten of section 3-703 of this chapter. Notwithstanding any
contribution limitations in paragraphs (f) and (h) of subdivision one of
section 3-703 and subdivision 1-a of section 3-703, a non-participating
candidate may contribute to his or her own nomination for election or election
with his or her personal funds or property, in-kind contributions made by the
candidate to his or her authorized committees with the candidate's personal
funds or property, and advances or loans made by the non-participating
candidate with the candidate's personal funds or property. A candidate's
personal funds or property shall include his or her funds or property jointly
held with his or her spouse, domestic partner, or unemancipated children.
§13. Paragraph 1 of subdivision a of section 1052 of chapter 46 of the New York city charter, as amended by vote of the electors of the city of New York at a general election held on November 3, 1998, is amended to read as follows:
§ 1052. Campaign finance board. a. 1. There shall be a campaign finance board consisting of five members. Two members of the board shall be appointed by the mayor, provided that not more than one such member shall be enrolled in any one political party, and two members shall be appointed by the speaker of the council, provided that not more than one such member shall be enrolled in any one political party, and one member, who shall be the chairperson, shall be appointed by the mayor after consultation with the speaker. The members shall first be appointed to serve as follows:
(a) one member appointed by the speaker for a term of one year;
(b) one
member appointed by the mayor for a term of two years;
(c) one
member appointed by the speaker for a term of three years;
(d) one
member appointed by the mayor for a term of four years; and
(e) the
chairperson for a term of five years.
Each term shall commence on April first, nineteen hundred
eighty-eight. Thereafter, each member shall be appointed for a term of five
years by the mayor or the speaker, according to the original manner of
appointment. Upon expiration of the term of a member, if the mayor or the
speaker, as appropriate, shall fail to appoint a member within one hundred
twenty days of the expiration of such term, the member whose term has expired
shall be deemed appointed for an additional term of five years, provided,
however, that if the expiration of such term occurs in a year in which
elections, except special elections, covered by the voluntary system of
campaign finance reform are scheduled, the member whose term has expired shall
be deemed appointed for an additional term of five years if the mayor or the
speaker, as appropriate, shall fail to appoint a member within ninety days of
the expiration of such term. In case of
a vacancy in the office of a member, a member shall be appointed to serve the
remainder of the unexpired term by the mayor or the speaker, according to the
original manner of appointment. If the
mayor or the speaker, as appropriate, shall fail to appoint a member within one
hundred eighty days of such vacancy, then a member shall be appointed by the
board to serve for the remainder of the unexpired term, if additional time
remains in such term, provided, however, that if such vacancy occurs in a year,
or within ninety days prior to a year, in which elections, except special
elections, covered by the voluntary system of campaign finance reform are
scheduled, then a member shall be appointed by the board to serve for the
remainder of the unexpired term, if additional time remains in such term, if
the mayor or the speaker, as appropriate, shall fail to appoint a member within
ninety days of such vacancy. Except for
the chairperson, such member shall not be enrolled in the same political party as the other member appointed by the
official who failed to so appoint. Each
member shall be a resident of the city, registered to vote therein. Each member shall agree not to make
contributions to any candidate for nomination for election, or election, to the
office of mayor, public advocate, comptroller, borough president, or member of
the council which in the aggregate are in excess of the maximum contribution
applicable to such office pursuant to any local law establishing a voluntary
system of campaign finance reform. No
member shall serve as an officer of a political party, or be a candidate, or
participate in any capacity in a campaign by a candidate, for nomination for
election or election to the office of mayor, public advocate, comptroller,
borough president or member of the city council. Officers and employees of the city or any city agency, lobbyists
required to file a statement of registration under section 3-213 of the
administrative code and the employees of such lobbyists shall not be eligible
to be members of the board. In
appointing members to the board, the mayor and the speaker shall consider
campaign experience in general and particularly campaign experience with the
New York city campaign finance system. Members of the board shall be required
to undergo training developed pursuant to paragraph 14 of this section.
§14. Subdivision a of section 1052 of chapter 46 of the New York city charter, as amended by vote of the electors of the city of New York at a general election held on November 3, 1998, is amended by adding a new paragraph 14 to read as follows:
14 a.
The council and the mayor, in conjunction with the campaign finance
board, shall develop a curriculum to be used to train members of the campaign
finance board and staff. Such
curriculum shall include the issues and problems confronted by campaigns for
covered office and how the application and enforcement of the city’s campaign
finance laws impacts these campaigns.
§15. Paragraph 5 of subdivision a of section 1052 of chapter 46
of the New York city charter, as amended by vote of the electors of the city of
New York at a general election held on November 3, 1998, is amended to read as
follows:
5. The board shall have the power to
investigate all matters relating to the performance of its functions and any
other matter relating to the proper administration of any voluntary system of
campaign finance reform established by local law and for such purposes shall
have the power to require the attendance and examine and take the testimony
under oath of such persons as it shall deem necessary and to require the
production of books, accounts, papers and other evidence relative to such
investigation. Notwithstanding any
other provision of law, the investigative and adjudicatory powers and functions
of the staff to the board shall be separate and no staff member of the board
shall perform both investigative and adjudicatory tasks or functions.
§16. Subdivision 12 of section 3-702 of the
administrative code of the city of New York, as amended by local law 58 for the
year 2004, is amended to read as follows:
12. The term
“intermediary” shall mean an individual, corporation, partnership, political
committee, employee organization or other entity which, (i) other than
in the regular course of business as a postal, delivery or messenger service,
delivers any contribution from another person or entity to a candidate or other
authorized committee; or (ii) solicits contributions to a candidate or other
authorized committee where such solicitation is known to such candidate or his
or her authorized committee. For
purposes of clause (ii) of this subdivision only persons clearly identified as
the solicitor of a contribution to the candidate or his or her authorized
committee shall be presumed to be known to such candidate or his or her
authorized committee.
“Intermediary” shall not include spouses, domestic partners, parents,
children or siblings of the person making such contribution, or any fundraising
agent, as such term is defined in the rules of the board or any hosts of a
campaign sponsored fundraising event paid for in whole or in part by the
campaign. Where there are multiple individual hosts for
a non-campaign sponsored event, the hosts shall designate one such host as the
intermediary.
§17. Section 3-702 of the administrative code of the city of New York is amended by adding a new subdivision 19 to read as follows:
19. a.
For purposes of campaigns that accept public funds pursuant to section
3-705 of this chapter, the terms “expenditure” and “campaign expenditure” shall
include all payments and liabilities in furtherance of a political campaign for
covered office, including, but not limited to, all qualified campaign
expenditures and expenditures subject to or exempt from the expenditure
limitations of this chapter pursuant to sections 3-706 and 3-712. In addition, there shall be a rebuttable
presumption that the following expenditures are in furtherance of a political
campaign for elective office; provided, however that the presumptions contained
in this subdivision shall not apply to an expenditure made when the expenditure
is to a person or entity associated with the candidate making such expenditure
or on whose behalf such candidate’s committee made such expenditure; and
provided further that in rebutting any such presumption the campaign finance
board may consider factors including the timing of the expenditure and whether
the campaign had an unusually high amount of spending on a particular type of
expenditure. For purposes of this
subdivision a person or entity associated with a candidate includes a spouse,
domestic partner, child, parent,sibling,or a person with whom the candidate has
a business or other financial relationship:
1. Contributions to charitable organizations
designated as 501(c)(3) organizations pursuant to the internal revenue code;
2. Contributions to candidates and
political committees subject to the provisions of section 3-705(8);
3. Community events including, but not
limited to, events hosted by civic associations and neighborhood association;
provided, however that this presumption shall not apply to sporting events,
concerts, theater or other entertainment events which shall be subject to the
provisions of paragraph b;
4. Ballot proposal advocacy where there
are indicia that the expenditure relates to the candidate;
5. Travel related solely and exclusively
to a political campaign for a covered office or the holding of public office;
provided, however that any travel not related solely and exclusively to a
political campaign or the holding of public office shall be subject to the
provisions of paragraph b;
6. Legal defense of a non-criminal matter
arising out of a political campaign;
7. Computer hardware, software and other
office technology purchased more than two weeks before the date of a primary
election, in the case of a candidate who is opposed in the primary election, or
two weeks before the date of a general election, in the case of a candidate who
was not opposed in a primary election;
8. A post-election event for staff,
volunteers and/or supporters held within thirty days of the election;
9. Payment of non-criminal penalties or
fines arising out of a political campaign;
10. Costs incurred in demonstrating
eligibility for the ballot, public funds payments or defending against a claim
that public funds must be repaid;
11. Food and beverages provided to campaign
workers and volunteers; and
b. Campaign funds shall not be converted by any
person to a personal use which is unrelated to a political campaign. Expenditures not in furtherance of a
political campaign for elective office include the following:
1 Expenditures to defray the normal
living expenses of the candidate, immediate family of the candidate, or any
other individual except for the provision of such expenses for professional
staff as part of a compensation package;
2. Any residential, or household items,
supplies or expenditures;
3. Clothing, haircuts and other personal
grooming;
4. Funeral, cremation, or burial expenses
including any expenses related to a death within a candidate’s or
officeholder’s family;
5. Automobile purchases;
6. Tuition payments, childcare costs;
7. Dues, fees, or gratuities at a country
club, health club, recreational facility or other nonpolitical organization
unless part of a specific fundraising event that takes place on the
organization’s premises;
8. Admission to a sporting event, theater,
concert or other entertainment event not part of a specific campaign activity;
9. Expenditures for non-campaign related
travel, food, drink or entertainment; if a candidate uses campaign funds to pay
expenses associated with travel that involves both personal activities and
campaign activities, the incremental expenses that result from the personal
activities shall be considered for personal use unless the person benefiting
from the use reimburses the campaign account within thirty days for the full
amount of the incremental expenses; and
10. Gifts, except for brochures, buttons, signs and other campaign materials and
token gifts valued at not more than fifty dollars that are for the purpose of
expressing gratitude, condolences or congratulations.
§18. Paragraph (l) of subdivision 1 of
section 3-703 of the administrative code of the city of New York, as separately
amended by local laws 58 and 60 for the year 2004, is amended to read as
follows:
(l) not accept and his or her principal
committee or authorized committees must not accept, either directly or by
transfer, any contribution, loan, guarantee, or other security for such loan
from any corporation, limited liability company, limited liability
partnership, or partnership other than a corporation, limited liability
company, limited liability partnership, or partnership that is a political
committee as defined in subdivision eleven of section 3-702 of this chapter,
for all covered elections held in the same calendar year in which he or she is
a participating or non-participating candidate, provided, however, that
where a contribution is from a contributor whose name is followed by a professional designation including but not
limited to “M.D.”, “Esq.” and “C.P.A.” the board shall not treat such
contribution as coming from a corporation, limited liability company or limited
liability partnership or partnership in the absence of further indicia that
such contribution is from such an entity;
§19.
Subdivision 1 of section 3-703 of the administrative code of the city of
New York is amended by adding a new paragraph (o) to read as follows:
(o) agree that expenditures by his or
her 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 shall be
subject to the contribution and expenditure limitations applicable in such
covered election.
§20. Paragraphs (g) and (h) of subdivision 2 of section 3-704 of the administrative code of the city of New York, paragraph (g) as added by local law 60 for the year 1990 and paragraph (h) as amended by local law 12 for the year 2003, are amended, and new paragraphs (i), (j) and (k) are added to such section to read as follows:
(g)
gifts, except brochures, buttons, signs and other printed campaign material;
[or]
(h)
any expenditure to challenge or defend 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, made pursuant to subdivision four of section 3-706[.];
(i)
an expenditure made primarily for the purpose of expressly
advocating a vote for or against a ballot proposal, other than expenditures
made also to further the participating candidate’s nomination for election or
election;
(j)
payment of any penalty or fine imposed pursuant to federal, state or local law;
(k) payments made through advances, except in
the case of individual purchases in excess of two hundred fifty dollars.
§21.
Paragraph (a) of subdivision (2) of section 3-705 of the administrative
code of the city of New York, as amended by local law 58 for the year 2004, is
amended to read as follows: If the
threshold for eligibility is met, the participating candidate’s principal
committee shall receive payment for qualified campaign expenditures of [four] six
dollars for each one dollar of matchable contributions, up to one thousand fifty
dollars in public funds per contributor (or up to five hundred twenty-five
dollars in public funds per contributor in the case of a special election),
obtained and reported to the campaign finance board in accordance with the
provisions of this chapter.
§22.
Paragraph a of subdivision (7) of section 3-705 is REPEALED and
paragraph c of subdivision (7) of section 3-705 of the administrative code of
the city of New York, as added by local law 12 for the year 2003, is amended to
read as follows:
(c)
the participating candidate has submitted
a certified signed statement attesting to the need and stating
the reason for additional public funds in such election, in which case the
board shall publish such statement at the time such additional public funds are
paid, including on the board’s internet website. Such statement must certify that (i) one or more of the
following conditions applies and provide documentation in support of such
condition and (ii) that such condition or conditions reasonably demonstrates
the need for such public funds.
(1) the participating candidate is opposed by
(i) a non-participating candidate or (ii) a limited participating candidate,
and provides a factual basis with supporting documentation of such candidate’s
ability to self finance;
(2) the participating candidate is opposed by a
candidate who has received (i) the endorsement of a citywide or statewide
elected official or a federal elected official representing all or a portion of
the area covered by the election; (ii) two or more endorsements from other city
elected officials who represent all or a part of the area covered by the
election; or (iii) endorsements of one or more membership organizations with a
membership of over 250 members;
(3) the participating candidate is opposed by a
candidate who has had significant media exposure in the twelve months preceding
the election. For purposes of this
paragraph, significant media exposure shall mean appearance of the opponent or
his or her name in television, radio or print media in general circulation in
the area of the covered election at least twelve times in the year preceding
the covered election; provided, however that the listing of names of candidates
or potential candidates for a covered election without additional information
concerning the opponent shall not constitute an appearance for purposes of this
paragraph;
(4) the
participating candidate is opposed by a candidate who has received twenty-five
percent or more of the vote in an election for public office in an area
encompassing all or part of the area that is the subject of the current
election in the last eight years preceding the election;
(5) the participating candidate is opposed by a
candidate whose name is substantially similar so as to result in confusion
among voters, as determined by the board;
(6) the participating candidate in a city council
or borough-wide race is opposed by a candidate who is a chairman or president
of a community board or district manager of a community board; or
(7) the participating candidate is opposed by a
candidate whose spouse, domestic partner, sibling, parent or child hold or have
held elective office in an area encompassing all or part of the area that is
the subject of the current election in the past ten years.
The board shall be authorized to verify the truthfulness of
any certified statement submitted pursuant to this paragraph and of any
supporting documentation and shall post such certifications and supporting documentation
on its website.
(d) the
participating candidate is opposed in a primary or special election for an
office for which no incumbent is seeking re-election.
If any of the conditions described in paragraphs (a), (b),
[or] (c) or (d) occur in
such election, the board shall pay any and all additional public funds due to
the participating candidate up to the maximum total payment applicable in such
election under subdivisions two or six of this section or subdivision three of
section 3-706 of this chapter.
§23.
Subdivisions 1, 2 and 4 of section 3-706 of the administrative code of
the city of New York, as added by local law 58 for the year 2004, are amended
to read as follows:
1. The following limitations apply to all expenditures made by a candidate and his or her principal committee on or after the first day of January preceding the election for which such candidate chooses to participate in the public funding provisions of this chapter and to expenditures made at any time prior to such date for services, materials, facilities, advertising or other things of value received, rendered, published, distributed or broadcast on or after such date:
(a) Except as provided in paragraph (b) of
this subdivision, in each primary election, in each special election to fill a
vacancy, and in each general election, expenditures by a participating
candidate or a limited participating candidate and his or her principal
committee for one of the following offices shall not exceed the following
amounts:
mayor: [$4,000,000]
$6,157,600
public advocate or
comptroller: [$2,500,000] $3,849,575
borough president: [$900,000] $1,385,675
member of the city
council: [$105,000] $161,250
(b) (i) The expenditure limitation in a run-off primary election held pursuant to section 6-162 of the New York state election law or a run-off special election held to fill a vacancy shall be one half the amount of the applicable limitation provided for an election for such office pursuant to the provisions of paragraph (a) of this subdivision.
(ii) The board shall promulgate rules to provide for a separate expenditure limit applicable to campaign expenditures for an additional day for voting held pursuant to section 3-108 of the New York state election law, an election held pursuant to court order, or a delayed or otherwise postponed election.
(c) Expenditures by participating or limited participating candidates in a primary election made prior to or on the date of such primary election shall be deemed to have been made for such primary election.
(d) The campaign finance board shall, pursuant to section 3-713, submit a report to the mayor and the council on or before September first, nineteen hundred ninety, containing its recommendations whether the expenditure limitations provided by this subdivision should be modified. Such report shall set forth the amount of, and reasons for, any modifications it recommends.
(e) Not later than the first day of March in the year two thousand [eighteen] ten and every fourth year thereafter the campaign finance board shall (i) determine the percentage difference between the average over a calendar year of the consumer price index for the metropolitan New York-New Jersey region published by the United States bureau of labor statistics for the twelve months preceding the beginning of such calendar year and the average over the calendar year two thousand [fifteen] seven of such consumer price index; (ii) adjust each expenditure limitation applicable either pursuant to this subdivision or subdivision 2 of this section by the amount of such percentage difference to the nearest thousand dollars; and (iii) publish such adjusted expenditure limitation in the City Record. Such adjusted expenditure limitation shall be in effect for any election held before the next such adjustment.
2. The following limitations apply to all expenditures made by a participating or limited participating candidate and his or her principal committee in the three calendar years preceding the year of the election for which such candidate chooses to file a certification as a participating or limited participating candidate pursuant to this chapter and to expenditures made at any time prior to such date for services, materials, facilities, advertising or other things of value received, rendered, published, distributed or broadcast in such calendar years. Such expenditures by a participating or limited participating candidate for one of the following offices and his or her principal committee shall not exceed the following amounts:
mayor, public advocate or
comptroller: [$270,000] $290,250
borough president: [$120,000]
$129,000
member
of the city council: [$40,000]
$43,000
4. (a) Expenditures made for the purpose of [complying with the provisions of this chapter or the election law, including legal fees, accounting fees, the cost of record creation and retention, and other necessary compliance expenditures,]: (i) 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, (ii) 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, and (iii) expenses related to the post-election audit shall not be limited by the expenditure limitations of this section.
(b) [In
reviewing claims that expenditures are exempt from expenditure limitations by
reason of paragraph (a) of this subdivision, the board shall not require the
participating candidate or principal committee to provide detailed
documentation substantiating such exempt expenditure claims unless the board
has reason to believe that expenditures have been erroneously or falsely
claimed to be exempt in disclosure reports.
(c) Notwithstanding paragraph (b) above, a] A participating candidate shall be required to provide detailed documentation substantiating all exempt expenditure claims made pursuant to this subdivision [if the aggregate exempt expenditure claims made by the participating candidate exceed an amount equal to seven and one-half percent of the participating candidate’s applicable expenditure limitation].
§24. Subdivision 1 of section
3-708 of the administrative code of the city of New York, as amended by local
law 48 for the year 1998, is amended to read as follows:
1. There
shall be a campaign finance board consisting of five members. Two members of
the board shall be appointed by the mayor, provided that not more than one such
member shall be enrolled in any one political party, and two members shall be
appointed by the speaker of the council, provided that not more than one such
member shall be enrolled in any one political party, and one member, who shall
be the chairperson, shall be appointed by the mayor after consultation with the
speaker. The members shall first be appointed to serve as follows:
(a)
one
member appointed by the speaker for a term of one year;
(b)
one
member appointed by the mayor for a term of two years.
(c)
one
member appointed by the speaker for a term of three years;
(d)
one
member appointed by the mayor for a term of four years; and
(e)
the
chairperson for a term of five years.
(b)
Each term shall commence on April first, nineteen
hundred eighty-eight. Thereafter, each member shall be appointed for a term of
five years by the mayor or the speaker, according to the original manner of
appointment.
In case of a vacancy in the office of a member, a member shall be appointed to serve for the remainder of the unexpired term by the mayor or the speaker, according to the original manner of appointment. In the case of a vacancy in the office of a member for which a member is holding over after expiration of the term for which the member was appointed, an appointment to such office made after June 1 in a year in which covered elections are scheduled shall not take effect prior to December 1 of that calendar year. Each member shall be a resident of the city, registered to vote therein. Each member shall agree not to make contributions to any candidate for nomination for election, or election, to the office of mayor, public advocate, comptroller, borough president or member of the council which in the aggregate are in excess of the maximum contribution applicable to such office pursuant to paragraph (f) of subdivision one of section 3-703. No member shall serve as an officer of a political party or be a candidate or participate in any capacity in a campaign by a candidate for nomination for election or election to the office of mayor, public advocate, comptroller, borough president or member of the city council. Officers and employees of the city or any city agency, lobbyists required to file a statement of registration under section 3-213 and the employees of such lobbyists shall not be eligible to be members of the board. In appointing members to the board, the mayor and the speaker shall consider campaign experience in general and particularly campaign experience with the New York city campaign finance system. Members of the board shall be required to undergo training developed pursuant to paragraph 14 of subdivision a of section 1052 of the charter.
§25.
Paragraph (b) of subdivision 7 of section 3-708 of the administrative
code of the city of New York, as separately amended by local laws 58. 59. and
60 for the year 2004, is amended to read as follows:
(b) The board shall develop a program for informing candidates and the public as to the purpose and effect of the provisions of this chapter. The board shall prepare and make available educational materials, including compliance manuals and summaries and explanations of the purposes and provisions of this chapter. These materials shall be prepared in plain language. The board shall prepare and make available materials, including, to the extent feasible, computer software, to facilitate the task of compliance with the disclosure and record-keeping requirements of this chapter. When disclosure reports are generated by use of the board’s disclosure software, the board shall provide an opportunity for candidates to test their electronic filings on any of the three business days prior to the deadline for the filing of such disclosure reports. Any disclosure software issued by the board on or after January 1, 2008 shall enable users to meet their electronic disclosure obligations under this chapter and under article 14 of the election law, as amended by chapter 406 of the laws of 2005.
§26. Subdivision 1 of section 3-710 of chapter 7 of title 3 of the administrative code of the city of New York, as separately amended by local laws 58, 59 and 60 for the year 2004, is amended to read as follows:
§ 3-710 Examinations and audits;
repayments. 1. The campaign finance
board is hereby empowered to audit and examine all matters relating to the
performance of its functions and any other matter relating to the proper
administration of this chapter and of chapter 8 of title 3 of this code. The board shall conduct its campaign
audits in accordance with generally accepted government auditing standards, and
shall issue rules regarding what documentation is sufficient in demonstrating
financial activity. These audit and examination powers extend to all
participating candidates, limited participating candidates, and
non-participating candidates, and the principal and authorized committees of
all participating, limited participating, and non-participating candidates, provided that:
a. Any draft audit, the subject
of which is a participating, limited participating, or non-participating
candidate, or the principal and/or authorized committees of any participating,
limited participating, or non-participating candidate shall be completed within
(i) eight months
after the submission of the final disclosure report for the covered election for city council races and
borough-wide races; and (ii) ten months after the submission of
the final disclosure report for
the covered election for citywide races, unless the subject of such audit consents in writing to a longer period
of time;
b. The campaign finance board shall provide
each candidate a final audit, which shall contain the final resolution of all
issues raised in the draft audit; such final audit shall be provided to the
candidate, where such candidate or such candidate’s campaign manager or
treasurer has completed audit training provided by the board, (i) within
fourteen months after the submission of the final disclosure report for the
covered election, for city council races and borough-wide races; and (ii) sixteen
months after the submission of the final disclosure report for the covered
election for citywide races, unless the subject of such audit consents in
writing to a longer period of time.
Where such candidate or such candidate’s campaign manager or treasurer
has not completed audit training provided by the campaign finance board, such
final audit shall be provided to such candidate (i) within sixteen months after
the submission of the final disclosure report for the covered election, for
city council races and borough-wide races; and (ii) eighteen months after the
submission of the final disclosure report for the covered election for citywide
races, unless the subject of such audit consents in writing to a longer period
of time. Provided, however, that where
the issuance of such final audit is preceded by a notice of violations and
recommended penalties and/or a notice of repayment of public funds, such notice
or notices shall include all potential penalties and/or repayment obligations
and a notice of a candidate’s right to a hearing pursuant to section 3-710.5 or
section 3-710(4) of this chapter and shall be provided to the candidate
according to the deadlines applicable to final audits as set forth in this
paragraph.
c. Any advice provided by board staff to participating, limited participating, or non-participating ca