Amendment of eligibility requirements and disclosure statement rules

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Monday, September 21, 2015
Download Copy of Adopted Rule (.pdf): 

I. Explanation, Basis, and Purpose

 

The Board Rules are codified in Chapter 52 of the Rules Compilation of the City of New York.

 

On August 13, 2015, the Board voted to adopt a set of rules. These rules 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]

This amendment requires that disclosure statements be accompanied by all of the campaign committee’s bank records and deposit slips not previously submitted, and provides that statement submissions may be rejected if not accompanied by such records. Previously, such records were 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)] 

Two amendments have been made to this rule, which governs the basis for a determination of public funds ineligibility. First, the phrase “for reasons that include, but are not limited to” has been removed from the introduction to this section. Second, one criterion has been added 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 renders 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.