July 6, 2016
The Campaign Finance Board today voted on two items related to organizations that work in close cooperation with candidates for city office.
Following the vote, the Board issued the following statement: “We have all seen a concerning increase in activity by organizations that face no limits on what they can raise and spend at the city and state level in recent years. The Board will not allow candidates to sidestep contribution and expenditure limits by outsourcing essential campaign activities to these coordinated organizations.” Read the full statement.
The Board issued Advisory Opinion 2016-1 to provide guidance for candidates about cooperating with groups that make expenditures for issue advocacy.
- Coordinated expenditures that are made in connection with a covered election will be subject to the Campaign Finance Act and Board Rules governing candidates.
- The AO proposes a set of seven factors for the Board to use in making a determination whether the expenditures are made in connection with a covered election.
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Among those factors, the timing of the expenditure is of particular importance.
- Coordinated expenditures made on or after January 1 in the year of the election will be presumed to have been made in connection with a covered election.
- Expenditures made prior to the year of the election will often be considered not connected with a covered election, unless numerous or substantial factors are present.
The Board issued Final Board Determination 2016-1 in the matter of Campaign for One New York and United for Affordable NYC, which addresses the February 22, 2016 complaint from Common Cause New York as well as the Board’s own investigation.
- Because the Campaign for One New York communications featuring Mr. de Blasio occurred more than three years before the 2017 election and focused on issues under discussion by a government body, the Board concludes that those communications were not made in connection with Mr. de Blasio’s 2017 campaign.
- The determination states that the information available is not sufficient for the Board to conclude that UFANYC’s activities were coordinated with the campaign.
- This determination concludes the Board’s investigation into the issues presented by the complaint.
- However, the Board will continue to closely monitor the activities of the 2017 Campaign.
- To the extent that tangible goods, services, or work product from the Campaign for One New York may be made available to the 2017 campaign, the Board does not consider this matter closed and will ensure compliance with the Act through its regular pre-election audit reviews.
- The Board calls on the City Council to pass legislation to closely regulate fundraising by elected officials and their agents for non-profit organizations.
- Board Chair Rose Gill Hearn said, “New York City’s system depends on reasonable contribution limits that reduce the appearance that influence can be bought or sold through campaign contributions. It defies common sense that limits that work so well during the campaign should be set aside once the candidate has assumed elected office.”
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