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Campaign Finance Board Votes on Penalties and Repayments

November 15, 2012

During a regularly scheduled meeting today, the Campaign Finance Board determined that three campaigns from the 2009 election committed violations. The Board also determined that two campaigns in the 2009 elections must repay public funds.

For details on the Board’s actions, please refer to the charts below.

Violations and Penalties

Candidate Total Public Funds Received Violation Penalty Total Penalties
Daniel R. Garodnick
CD #04 (2009)
$0 Accepting four over-the-limit Doing Business contributions $2,300 $18,571
Failing to report 36 expenditures $1,800
Failing to provide merchant account statements, resulting in a 29.67% variance $1,000
Accepting an over-the-limit contribution $250
Failing to respond to the Inadequate Documentation Response Request $6,035
Responding late to the Draft Audit Report $6,035
Accepting three corporate contributions $1,151
Kendall B. Stewart
CD #45 (2009)
$136,940 Accepting four prohibited contributions $1,200 $60,888
Failing to file and late filing of disclosure statements $1,050
Failing to file daily pre-election disclosure statements $100
Failing to report a transaction $50
Failing to comply with subcontractor reporting No penalty
Failing to report an intermediary $100
Failing to report and document in-kind contributions $3,000
Failing to document a transaction No penalty
Cooperating in independent expenditures $10,000
Exceeding the expenditure limit $21,694
Failing to respond to the post-election documentation request $10,000
Failing to respond to the Draft Audit Report $13,694
David Yassky
Comptroller (2009)
$2,242,515 Accepting two corporate contributions $375 $4,025
Accepting a contribution from an unregistered political committee $250
Accepting three over-the-limit contributions $500
Accepting two over-the-limit Doing Business contributions $500
Failing to file required daily pre-election disclosure statements $200
Making cash disbursements exceeding $100 and maintaining a petty cash fund in excess of $500 $1,950
Failing to adequately document transactions $250

Please review the 2009 Penalty Guidelines for more information on how penalties are assessed.

Public Funds Repayment

Candidate Total Public Funds Received Public Funds Repayment
Kendall B. Stewart
CD #45 (2009)
$136,940 $136,940*

* The Campaign Finance Board determined that the campaign of Kendall B. Stewart CD #45 (2009) is required to repay all public funds. The campaign breached the obligations affirmed and accepted by the campaign in joining the Program, by cooperating in purportedly independent expenditures, by using an outside entity to conceal expenditures from the Board, and by not participating in the post-election audit process. Additionally, the campaign failed to document any expenditures that would qualify for the use of public funds.

The candidate David Yassky Comptroller (2009) is required to repay the remaining balance in the campaign's bank account.

Archived video of today’s meeting will be available at www.nyccfb.info/live.