The Campaign Finance Board today issued two advisory opinions and issued proposed amendments to Board Rules for public comment.
The Board issued an advisory opinion to address an inquiry from the campaign of Peter F. Vallone Jr. regarding Advisory Opinion 2008-7, which addressed the impact of the term limits extension on candidates. Mr. Vallone sought guidance on whether he would be allowed to access funds in a campaign committee that was “frozen” pursuant to Option 1-A of that opinion—if certain conditions were met. His question addressed the possibility he could decide at a future date to run for higher office instead of re-election to his Council seat, if the higher-office incumbent decides—after the January 15 deadline for “freezing” the campaign committee—not to run for re-election. The Board believes it is inappropriate to provide detailed guidance on this hypothetical event at this time. In the event such a situation develops, the Board would welcome a concrete request for guidance on the matter.
The Board also issued an advisory opinion to address the general requirements of the Campaign Finance Act and the requirements for participation in the Campaign Finance Program for special elections in Council districts 21 (Queens), 32 (Queens), and 49 (Staten Island). The deadline to file certifications to join the Program for the February 24 special elections is Monday, January 12, 2009.
The Board issued for public comment proposed amendments to its Rules. The amendments would clarify specific Board Rules regarding the return of “doing business” contributions from contributors who seek to be removed from the database, spending public funds, requirements on updating filer registration and certification information, special election disclosure statement filing dates, credit card contribution record keeping, record retention, review of payment determinations, and segregated bank accounts established pursuant to Rule 5-01(n). Written public comments will be accepted until February 9, 2009, the tentative date of the public hearing on the proposed Rule changes. The proposed rules can be found here later today.
The Board also delegated public funds payment authority to Chairman Father Joseph P. Parkes, S.J., for the February 24 special elections.