§ 13-03 Limits and Requirements.
RCNY § 13-03
The following limits and requirements apply pursuant to § 3-801 of the Code.
(a)Donations and receipts.
(i)An elected candidate must not: (A) authorize or register a political committee to raise or spend funds for transition or inauguration into office; (B) use funds accepted by a political committee authorized by the candidate for transition or inauguration into office; (C) authorize or register a previously existing entity to raise or spend funds for transition or inauguration into office; (D) continue a TIE in existence after it has paid all liabilities it incurred for transition and inauguration into office and otherwise has disposed of all funds pursuant to paragraph (ii) of subdivision (c) below; or (E) continue in existence an entity registered under 52 RCNY § 13-01 after (1) April 30 in the year following the year of the election, or (2) in the case of a special election, 60 days after inauguration.
(ii)A TIE must not: (A) accept donations or other receipts from any political committee authorized by the elected candidate; (B) accept donations from a political committee that has not registered with the Board under § 3-801(3) of the Code on a form that includes the information set forth in 52 RCNY § 5-04(a) (political committees registered for an election cycle pursuant to § 3-707 of the Code shall be deemed registered for purposes of § 3-801(3) of the Code with respect to transition and inauguration expenditures immediately following an election held in that cycle); (C) accept donations in excess of the donation limits set forth in § 3-801(2)(b) of the Code; (D) accept cash donations totaling more than $100 from a single donor; (E) accept any donations after all liabilities are paid; (F) accept any donations from any corporation, limited liability company, limited liability partnership, or partnership; (G) accept any donations from any individual or entity whose name appears in the doing business database as of the date of such donation; provided, however, that this limitation on donations shall not apply to any donation made by a natural person who has business dealings with the city where such donation is from the elected candidate, or from the elected candidate's parent, spouse, domestic partner, sibling, child, grandchild, aunt, uncle, cousin, niece or nephew by blood or by marriage; or (H) commingle receipts in any account with personal or business funds, or funds accepted for an election.
(iii)An elected candidate may donate to such elected candidate's TIE with such elected candidate's personal funds or property, make in-kind donations to such elected candidate's TIEs with such elected candidate's personal funds or property, and make advances to such TIE with such elected candidate's personal funds or property, without regard to the donation limits of § 3-801(2)(b) of the Code. An elected candidate's personal funds or property shall include such elected candidate's funds or property jointly held with such elected candidate's spouse, domestic partner, or unemancipated children.
(iv)In determining compliance with the donation limits of § 3-801(2)(b) of the Code, the Board shall total all donations from a single source to the TIE, using the definition of "single source," and the factors for so determining, pursuant to 52 RCNY §§ 1-02 and 5-10(b).
(v)Any donation, loan, or other receipt received by a TIE after January 31 in the year following the date of a regularly scheduled general election shall be presumed to be for the next election in which the elected candidate is a candidate following the day that it is received, and not received for the purposes of transition or inauguration.
(vi)Loans are deemed to be donations, subject to the limits and restrictions of the Act, to the extent the loan is not repaid by, or is made after, the date of the elected candidate's inauguration into office.
(b)Expenditures.
(1)Conferences and seminars related to city government and elected service; (2) Costs related to seeking and selecting city office staff; (3) Payroll and consulting fees directly related to transition; (4) Costs related to fundraising to pay for transition expenses; and (5) Expenditures made for the purpose of furthering the elected candidate's selection as Speaker of the City Council. (B) Inauguration.
(c)Termination.
