Amendment of eligibility requirements and disclosure statement rules
Proposed Rules: Closed to Comments
I. Explanation, Basis, and Purpose
The Board is proposing amendments to the Board Rules in compliance with Section 1043 of the New York City Charter and under the authority vested in the Board under Chapter 46 of the New York City Charter and under the Act (including Section 3-708(8) of the New York City Administrative Code).
These proposed amendments would:
• Require that candidates submit copies of any bank records and deposit slips not previously submitted along with each disclosure statement; and
• Clarify the grounds on which the Board may determine that a participating candidate is ineligible to receive public funds.
Campaign Finance Disclosure Statements: Contents [Section 3-03]
The Board proposes to require that disclosure statements be accompanied by all of the campaign committee’s bank records and deposit slips not previously submitted, and to provide that statement submissions may be rejected if not accompanied by such records. Currently, such records are submitted during the post-election audit unless specifically requested by the CFB. This change will allow the CFB to inform campaigns of reporting and documentation discrepancies earlier in the election cycle. This change will: 1) enable campaigns to correct such discrepancies, improving the quality of public disclosure; and 2) facilitate the timely resolution of problems that might otherwise lead to violation and/or penalty determinations. It will also relieve the burden on campaigns to maintain and store a high volume of bank records throughout the pre-election period.
Basis for Ineligibility Determination [Section 5-01(f)]
The Board proposes to make two changes to this rule, which governs the basis for a determination of public funds ineligibility. First, it proposes to remove the phrase “for reasons that include, but are not limited to” from the introduction to this section. Second, the Board proposes to add one criterion to the end of the list of grounds upon which the Board may base a determination that a candidate is ineligible to receive public funds. The new criterion would render a candidate potentially ineligible if there is reason to believe that the participating candidate, or that candidate’s agent, has engaged in conduct detrimental to the Program that is in violation of any applicable law not otherwise referenced in the rule. This change is intended to clarify that a “catch-all provision” is included to capture egregious conduct whose specific elements are not described elsewhere in the list, but that would nonetheless provide sufficient justification for the Board to determine that the participant who engaged in such conduct, or whose agent engaged in such conduct, is ineligible to receive public funds.