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2000-2: Candidates Are Required To Disclose Contributor’s Residential Address as of Contribution Date

Friday, May 05, 2000

Re: Administrative Code §3-702(3); 3-703(2) (a) (iv); 3-703(6); Campaign Finance Board Rules 1-04(a); 3-03(c) (1) (i); 3-03(c) (1) (ii); Op. No. 2000-2.

An opinion has been requested on behalf of the "Tony Avella for City Council" campaign regarding 1) how a campaign should report to the Campaign Finance Board (the "Board") the residence of a contributor who makes a monetary contribution to a candidate in the New York City Campaign Finance Program and then makes another contribution after moving into or out of that candidate's City Council district or New York City, and 2) how the Board will treat, for public matching funds purposes, contributions from contributors who move into or out of New York City subsequent to making a contribution. Specifically the candidate asked:

1) How does a candidate report a monetary contribution from an individual who has moved since his/her last donation? A New York City resident made a matchable contribution to my "Tony Avella for City Council" committee. Subsequently, he moved to an address within the City Council District and, as such, is now reported as a "Resident" donor. Do both contributions now count as donations from a "resident" donor or does each depend on the donor's address at the time of the contribution. If the latter is the case, how are the two different addresses for this one contributor entered in the C-SMART program?

2) In the above description, both donations are matchable regardless of the address change. However, what happens when an individual donor moves out of or into the City after making respective contributions?

Disclosure

Each committee authorized by a participant must disclose, on disclosure statements submitted to the Board, the residential address of each contributor for contributions accepted. New York City Administrative Code §3-703(6); Campaign Finance Board Rule 3-03(c) (1) (i). A monetary contribution is received on the date of delivery to the candidate, and the date of such receipt must be disclosed on the committee's disclosure statements. Board Rule 1-04(a); 3-03(c) (1) (ii). See also Advisory Opinion No. 1993-1 (February 17, 1993); Advisory Opinion No. 1994-2 (May 12, 1994). This ensures that disclosure statements accurately reflect a campaign's activity as of a particular date.

Accordingly, the residential address of a contributor to be reported to the Board, using C-SMART or otherwise, is the address of the contributor as of the date of the contribution. In the case of a contributor who makes multiple contributions while living at different addresses, disclosure to the Board must accurately reflect each contribution and address as of the date of the contribution.

Matching Claims

A "matchable contribution" includes monetary contributions of up to $1,000 received from a natural person resident in the City of New York. New York City Administrative Code §3-702(3). To meet the threshold for eligibility for public matching funds, a candidate for city council must raise at least fifty matchable contributions of ten dollars or more from residents of the district in which the city council seat is to be filled. New York City Administrative Code §3-703(2) (a) (iv). The residential address of a contributor determines the eligibility of contributions for public matching purposes. See Board Rule 3-01. The contributor's residential address as of the date of the contribution will be the one used to determine whether a contribution will be matched or applied to the threshold.

In the case of a contributor who makes multiple contributions while living at different addresses, the matchability of each contribution will be determined by the residency of the contributor as of the date of the contribution.

The Board will provide individual guidance on how to enter onto C-SMART contributions from the same contributor having different addresses.

NEW YORK CITY CAMPAIGN FINANCE BOARD