Int. No. 518
By Council Member Lancman
A Local Law to amend the administrative code of the city of New York, in relation to funding a participant in the campaign finance matching program who does not qualify for the full match with at least as many public dollars as an opponent who does so qualify
Be it enacted by the Council as follows:
Section 1. Subdivision 7 of section 3-705 of the administrative code of the city of New York is amended to read as follows:
7. Notwithstanding any provision of this section to the contrary, the amount of public funds payable a participating candidate on the ballot in any covered election shall not exceed one quarter of the maximum public funds payment otherwise applicable under subdivision two of this section, unless:
(a) [the participating candidate is opposed by a candidate and the board has determined that such other candidate and his or her authorized committees have spent or contracted or have obligated to spend, or received in loans or contributions, or both, an amount which, in the aggregate, exceeds one-fifth of the applicable expenditure limit for such office fixed by subdivision one of section 3-706 of this chapter for participating candidates; or
(b)] the participating candidate has submitted a certified signed statement attesting to the need and stating the reason for additional public funds in such election, in which case the board shall publish such statement at the time such additional public funds are paid, including on the board's internet website. Such statement must certify that (i) one or more of the following conditions apply and (ii) such condition or conditions reasonably demonstrate the need for such public funds, and the participating candidate must provide documentation demonstrating the existence of such condition or conditions:
(1) the participating candidate is opposed by (i) a non-participating candidate or (ii) a limited participating candidate, and provides a factual basis with supporting documentation of such candidate's ability to self finance;
(2) the participating candidate is opposed by a candidate who has received (i) the endorsement of a citywide or statewide elected official or a federal elected official representing all or a portion of the area covered by the election; (ii) two or more endorsements from other city elected officials who represent all or a part of the area covered by the election; or (iii) endorsements of one or more membership organizations with a membership of over 250 members;
(3) the participating candidate is opposed by a candidate who has had significant media exposure in the twelve months preceding the election. For purposes of this paragraph, significant media exposure shall mean appearance of the opponent or his or her name on television or radio in the area of the covered election or in print media in general circulation in the area of the covered election at least twelve times in the year preceding the covered election; provided, however, that the listing of names of candidates or potential candidates for a covered election without additional information concerning the opponent shall not constitute an appearance for purposes of this paragraph;
(4) the participating candidate is opposed by a candidate who has received twenty-five percent or more of the vote in an election for public office in an area encompassing all or part of the area that is the subject of the current election in the last eight years preceding the election;
(5) the participating candidate is opposed by a candidate whose name is substantially similar to the candidate's so as to result in confusion among voters, as determined by the board;
(6) the participating candidate in a city council or borough-wide race is opposed by a candidate who is a chairman or president of a community board or district manager of a community board; or
(7) the participating candidate is opposed by a candidate whose spouse, domestic partner, sibling, parent or child holds or has held elective office in an area encompassing all or part of the area of the covered election in the past ten years.
The board shall be authorized to verify the truthfulness of any certified statement submitted pursuant to this paragraph and of any supporting documentation and shall post such certified statements and supporting documentation on its website.
[(c)] (b) the participating candidate is opposed in a primary or special election for an office for which no incumbent is seeking re-election.
(c) (i) the participating candidate is opposed by a candidate who has submitted a certified signed statement of need pursuant to paragraph (a) of this subdivision, and (ii) the board has paid additional public funds based on such statement, and (iii) the participating candidate has not filed such a statement, or has filed such a statement that did not result in the payment of additional public funds, and (iv) if the participating candidate had filed such a statement that resulted in the payment of additional public funds, the participating candidate would have received more public funds than such opponent. In the presence of all of these factors, the participating candidate shall be entitled to no less than the amount of public funds payable to such opponent. This paragraph shall not limit the board’s authority to suspend or reduce public funds payments.
If any of the conditions described in paragraphs (a)[,] or (b)[, or (c)] occur in such election, the board shall pay any and all additional public funds due to the participating candidate up to the maximum total payment applicable in such election under subdivisions two or six of this section or subdivision three of section 3-706 of this chapter.
§2. This local law takes effect immediately.
DSS
LS 629/Int. 445/2014
12/5/17