§ 1-02 Definitions.
RCNY § 1-02
"Act" means the New York City Campaign Finance Act, codified in Chapter 7 of Title 3 of the Code (§§ 3-701, et seq.). "Administrative law judge" means the hearing officer assigned to preside over a case that is referred to the Office of Administrative Trials and Hearings. "Advance" means a payment for goods or services on behalf of a candidate made with the expectation that the payment will be reimbursed by the candidate. "Authorized committee" means an authorized committee as defined in the Act. "Board" means the Campaign Finance Board. "Board of Elections" means the New York City Board of Elections, unless otherwise specified as the New York State ("State") Board of Elections. "Business dealings with the city" means business dealings with the City of New York as defined in the Act. "Candidate" means a candidate as defined in Article 14 of the New York State Election Law. Except as otherwise provided in these rules, a "candidate" includes every authorized committee of the candidate, the treasurer of each such committee, and any other agent of the candidate. "CAPA" means the City Administrative Procedure Act, Sections 1041 to 1047 of the Charter. "Certification" means the submission of the information required pursuant to 52 RCNY § 2-02 in order to join the Program. "Charter" means the New York City Charter. "Code" means the Administrative Code of the City of New York. "Contribution" means a contribution as defined in the Act. "Covered election" means any election for the office of mayor, public advocate, comptroller, borough president, or Council member. "Disclosure statement" means the campaign finance disclosure statement filed with the Board under 52 RCNY Chapter 4. "Doing business database" means the computerized database containing the names of individuals and entities engaged in business dealings with the city as defined in the Act. "Domestic partner" means a domestic partner as defined in § 1-112(21) of the Code. "Donation" means a gift, subscription, advance, payment, or deposit of money or any thing of value, made by an individual or entity, in connection with the transition or inauguration expenses of an elected candidate, including but not limited to compensation for the personal services rendered in connection with such transition or inauguration expenses without charge. A loan is deemed to be a donation, subject to the limits and restrictions of the Act, to the extent the loan is not repaid by the date that the elected candidate is sworn into office. The term "donation" shall not include: (a) The value of personal services provided without compensation by individuals volunteering a portion or all of their time on behalf of a TIE, provided that such an individual may not provide any paid services to a TIE at the same time as such individual serves as a volunteer for that TIE; (b) The use of real or personal property and the cost of invitations, food, and beverages voluntarily provided by an individual to a TIE on the individual's residential premises for TIE-related activities to the extent such services do not exceed $500 in value; and (c) The travel expenses of any individual who, on the individual's own behalf, volunteers personal services to any TIE to the extent such expenses are unreimbursed and do not exceed $500 in value. "Election" means any primary, special, or general election for nomination or election. "Election cycle" means the period beginning on the first January 12 following the most recent general election for the specific office to which a candidate is seeking nomination or election and ending on the first January 11 following the next general election for that office. "Electronic means" means facsimile transmission, email, or any other electronic manner of communication that shall be prescribed by the Board. "Entity" means any organization of one or more individuals, and includes any parent, subsidiary, branch, division, department, or local unit thereof. "Expenditure" means an expenditure as defined in the Act. "Fair market value" means: (1) for goods, the price of those goods when received in the market in which they ordinarily would have been purchased; and (2) for services, other than those provided by an unpaid volunteer, the hourly or piecework charge for the services at a commercially reasonable rate prevailing when the services were rendered. "Fund" means the New York City Election Campaign Finance Fund established by the Act. "Fundraising agent" means any of the following individuals or entities that have accepted or may accept contributions on behalf of the candidate: (1) paid or volunteer full-time campaign workers; or (2) commercial fundraising firms retained by the candidate and the agents thereof. "Hearing officer" means the person assigned to preside over a case before OATH. "Inauguration expenses" means expenses for an inaugural event held within seven days before or 30 days after the elected candidate is officially sworn into office. Factors used by the Board in determining whether an event is an inaugural event include but are not limited to: (1) the celebratory or commemorative nature of the event; (2) the location of the event in relation to the geography of the elected official's district; and (3) the inclusion of non-celebratory and/or commemorative functions, including but not limited to constituent outreach or services. The burden of proving that an event is an inaugural event rests with the TIE. "In-kind contribution" means: (1) a gift, subscription, loan, advance of, or payment for, any thing of value (other than money) made to or for any candidate; or (2) the payment by any individual or entity other than an authorized committee of compensation for the personal services of another individual or entity which are rendered to the candidate without charge. "In-kind contribution" does not include personal services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate. "Intermediary" means an intermediary as defined in the Act. "Labor organization" means a labor organization as defined in the Act. "Loan" means a monetary payment made to an authorized committee with the expectation that the funds will be repaid by such committee. "Matchable contribution" means a matchable contribution as defined in the Act. "Mobile fundraising vendor" means any persons or entities that provided services to a candidate related to the processing or receipt of any text message contribution. "Non-participant" means a candidate for nomination or election to a covered office who has not filed a Certification as a participant. Except as otherwise provided in these rules, a "non-participant" includes the candidate, every political committee authorized by the candidate for the covered election, the treasurer of each such committee, and any other agent of the candidate. "OATH" means the Office of Administrative Trials and Hearings. "On the ballot" means on the ballot as provided in Article 6 of the New York State Election Law and as recorded on the Board of Elections nomination or designation ledgers or contest lists. "Optional early public funds payment" means a disbursement of optional public financing occurring prior to two weeks after the last day to file designating petitions for a primary election. "Other receipts" means payments received by a candidate that are not contributions or loans, such as interest, dividends, proceeds from sales or leases of assets, and any other sources of income. "Participant" means a candidate for nomination or election to a covered office who has chosen to join the Program for an election by submitting a Certification pursuant to § 3-703(1)(c) of the Code. Except as otherwise provided in these rules, a "participant" includes the candidate, the principal committee authorized by the candidate pursuant to § 3-703(1)(e) of the Code, the treasurer of such committee, and any other agent of the candidate. "Political committee" means a political committee as defined in the Act. "Principal committee" means the principal committee as defined in the Act. "Program" means the New York City Campaign Finance Program established by the Act. "Public funds" means monies disbursed from the Fund. "Receipts" means monetary and in-kind contributions, loans, and any other payment received by a candidate. "Registered user" means the individual registered with the wireless carrier to use the specific mobile device from which a contribution made via text message was initiated. “Registration” means the submission of the information required pursuant to 52 RCNY § 2-01 prior to the filing of disclosure statements. "Reporting period" means a time period covered by a disclosure statement, as described in 52 RCNY § 4-05. "Segregated account" means a bank account that may be established by a participating candidate in accordance with 52 RCNY § 7-07(b). "Single source" means any individual, individuals in combination, entity, or entities in combination that establish, maintain, or control another entity and every entity so established, maintained, or controlled, including every political committee established, maintained, or controlled by the same individual, individuals in combination, entity, or entities in combination. "Text message contribution" means a text message contribution as defined in the Act. "Transfer" means any exchange of funds or any other thing of value between political committees, other than multi-candidate committees, authorized by the same candidate pursuant to § 14-112 of the New York State Election Law. "Transition and inauguration entity" or "TIE" means an entity established by an elected candidate to raise and spend private funds for transition or inauguration expenses. "Transition expenses" means expenses relating to an elected candidate's transition into office for goods and services received, used, or rendered before the elected candidate's date of inauguration. Transition expenses shall be limited to those incurred solely for the purpose of preparing to take office, such as those listed in 52 RCNY § 13-03(b)(i). Incumbent elected candidates shall not incur transition expenses, except for expenditures made for the purpose of furthering the elected candidate's selection as Speaker of the City Council. "Treasurer" means the treasurer of any authorized committee involved in a covered election, except as otherwise provided in these rules. (Added City Record 8/16/2019, eff. 9/15/2019; amended City Record 5/22/2020, eff. 6/21/2020; amended City Record 1/19/2021, eff. 2/18/2021; amended City Record 2/15/2023, eff. 3/17/2023; amended City Record 1/23/2026, eff. 2/22/2026)
