N.Y. Elec. Law § 14-200-A

Current through 2024 NY Law Chapter 553

Section 14-200-A - Definitions

For the purposes of this title, the following terms shall have the following meanings:

1. "authorized committee" means the single political committee designated by a candidate pursuant to these recommendations to receive contributions and make expenditures in support of the candidate's campaign for such election.

2. "PCFB" means the public campaign finance board established in this title, unless otherwise specified.

3. "contribution" shall have the same meaning as appears in subdivision nine of section 14-100 of this article.

4. "contributor" means any person or entity that makes a contribution.

5. "covered election" means any primary, general, or special election for nomination for election, or election, to the office of governor, lieutenant governor, attorney general, state comptroller, state senator, or member of the assembly.

6. "election cycle" means the two-year period starting the day after the last general election for candidates for the state legislature and shall mean the four-year period starting after the day after the last general election for candidates for statewide office.

7. "expenditure" means any gift, subscription, advance, payment, or deposit of money, or anything of value, or a contract to make any gift, subscription, payment, or deposit of money, or anything of value, made in connection with the nomination for election, or election, of any candidate. Expenditures made by contract are deemed made when such funds are obligated.

8. "fund" means the New York state campaign finance fund established pursuant to section ninety-two-t of the state finance law.

9. "immediate family" means a spouse, domestic partner, child, sibling, or parent.

10. "item with significant intrinsic and enduring value" means any item, including tickets to an event, that are valued at twenty-five dollars or more.

11.

(a) "matchable contribution" means a contribution not less than five dollars and not more than two hundred fifty dollars, for a candidate for public office to be voted on by the voters of the entire state or for nomination to any such office, a contribution for any covered elections held in the same election cycle, made by a natural person who is a resident in the state of New York to a participating candidate, and for a candidate for election to the state assembly or state senate or for nomination to any such office, a contribution for any covered elections held in the same election cycle, made by a natural person who is also a resident of such state assembly or state senate district from which such candidate is seeking nomination or election, that has been reported in full to the PCFB in accordance with sections 14-102 and 14-104 of this article by the candidate's authorized committee and has been contributed on or before the day of the applicable primary, general, runoff, or special election. Any contribution, contributions, or a portion of a contribution determined to be invalid for matching funds by the PCFB may not be treated as a matchable contribution for any purpose.

(b) The following contributions are not matchable:

(i) loans;

(ii) in-kind contributions of property, goods, or services;

(iii) contributions in the form of the purchase price paid for an item with significant intrinsic and enduring value;

(iv) transfers from a party or constituted committee;

(v) anonymous contributions;

(vi) contributions whose source is not itemized as required by these recommendations;

(vii) contributions gathered during a previous election cycle;

(viii) illegal contributions;

(ix) contributions from minors;

(x) contributions from vendors for campaigns hired by the candidate for such election cycle;

(xi) contributions from lobbyists registered pursuant to subdivision (a) of section one-c of the legislative law; and

(xii) any portion of a contribution when the aggregate contributions are in excess of two hundred fifty dollars from any one contributor to such participating candidate for nomination or election.

13. "nonparticipating candidate" means a candidate for a covered election who fails to file a written certification in the form of an affidavit pursuant to these recommendation by the applicable deadline.

14. "participating candidate" means any candidate for nomination for election, or election, to the office of governor, lieutenant governor, attorney general, state comptroller, state senator, or member of the assembly, who files a written certification in the form determined by the PCFB.

15. "post-election period" means the period following an election when a candidate is subject to an audit.

16. "qualified campaign expenditure" means an expenditure for which public matching funds may be used.

17. "threshold for eligibility" means the amount of matchable contributions that a candidate's authorized committee must receive in total in order for such candidate to qualify for voluntary public financing under this title.

18. "transfer" means any exchange of funds between a party or constituted committee and a candidate or any of his or her authorized committees.

19. "surplus" means those funds where the total sum of contributions received and public matchable funds received by a participating candidate and his or her authorized committee exceeds the total campaign expenditures of such candidate and authorized committee for all covered elections held in the same calendar year or for a special election to fill a vacancy.

N.Y. Elec. Law § 14-200-A

Added by New York Laws 2020, ch. 58, Sec. ZZZ-4, eff. 11/9/2022.