During a regularly scheduled meeting today, the Campaign Finance Board issued an advisory opinion and issued proposed amendments to Board Rules for public comment.
The Board issued an advisory opinion in response to a request made by William C. Thompson, 2009 candidate for mayor. Mr. Thompson requested the Board remove the spending limit for the Democratic primary for mayor if a non-participating candidate in the general election spends in excess of three times the applicable spending limit during the primary election period. While the Board understands the challenges of facing a high-spending candidate who does not participate in the Campaign Finance Program, the Board determined they are constrained by the law to deny the request.
The Board also determined not to invalidate matching claims contained in disclosure statement #6, which was filed late by 2009 City Council candidate Vincent J. Gentile (District 43). Under the law, a campaign’s failure to file a complete and timely disclosure statement may result in the invalidation of all matchable contribution claims reported in that statement. However, based on the factual circumstances, the Board determined not to invalidate the claims contained in the late disclosure statement filed by the Gentile campaign. The campaign may still be subject to penalties for its late filing of the disclosure statement.
The Board issued for public comment proposed amendments to its Rules. The amendments would clarify specific Board Rules regarding the application of the spending limits for expenditures related to transfers; provide deadlines for attendance at a post-election audit training; and clarify that a petition for review of a post-election public funds determination must be submitted within 30 days of the issuance of the final audit report. Written public comments will be accepted until May 21, 2009, the date of the public hearing on the proposed Rule changes. The proposed rules can be found here later today.