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1989-45: Eligibility for Matching Funds and Removal of Expenditure Limits Based On Funds Received or Expended By a General Election Non-Participant

September 21, 1989

The New York City Campaign Finance Act provides two-for-one matching public fund payments and the removal of expenditure limits for a candidate participating in the Campaign Finance Program when the Board determines that an opposing candidate, who is not participating in the Program, and his or her authorized committees, have:

spent or contracted or have obligated to spend, or received in loans or contributions, or both, an amount which, in the aggregate exceeds half the applicable expenditure limit for such office fixed by New York City Administrative Code §3-706(1) for participating candidates...

Administrative Code §3-706(4). Separate expenditure limits are applicable to primary, general, and other elections under Administrative Code §3-706(1) (a), (b). The Board must, therefore, separately evaluate whether the amount of funds raised or expenditures made in any one election by a non-participating candidate exceeds half the expenditure limit applicable in that election.

The Board considers various information about non-participating candidates in order to make this determination, including:

1. financial disclosure reports filed with the New York City Board of Elections;

2. statements made by the non-participating candidate, his or her agents, or authorized representatives;

3. the fair market value of services, materials, facilities, advertising, or other things of value received or expended on behalf of the non-participating candidate; and

4. other relevant information, including information presented by opposing candidates who have filed candidate certifications.

Campaign Finance Board Rule 901(b).

Generally, financial disclosure reports filed with the New York City Board of Elections do not attribute contributions, other receipts, or expenditures separately to either the primary or the general election. In order to determine whether contributions, other receipts, or expenditures of a non-participating candidate are for the primary or the general election, the Board will follow presumptions applicable under Campaign Finance Board Rules.

Board of Elections data will be interpreted as follows: contributions and loans will be deemed to have been accepted and disbursements will be deemed to have been made for the next following election in which the candidate seeks nomination or election. Campaign Finance Board Rule 102(e), (q). The Board will look to the date of the contributions, loans, or disbursements as they appear on Board of Elections forms. These presumptions may, however, be overcome by evidence presented to the Board under Campaign Finance Board Rule 901(b).