§ 14-01 Definitions.
RCNY § 14-01
Except as otherwise provided, the definitions set forth in 52 RCNY § 1-02 apply in this chapter. In addition, the following terms mean: "Authorized representative" means an officer or owner of an independent spender who is authorized to submit, and is jointly responsible with the spender for, independent expenditure reports. "Ballot proposal" means a municipal ballot proposal, initiative, measure, or referendum. Activities associated with ballot proposals initiated by petition include the circulation of petitions to place the proposal on the ballot. Activities associated with ballot proposals not initiated by petition include those conducted after the measure or language is filed with the City Clerk. "Clearly identified" means: (1) the name of the candidate or ballot proposal appears; (2) a photograph or drawing of the candidate appears; or (3) the identity of the candidate or ballot proposal is otherwise apparent by unambiguous reference. "Contribution" means any monetary gift made to an entity. Contributions do not include membership dues paid by an individual or revenue from goods and services. "Covered communication" means an express advocacy communication or electioneering communication. "Covered election" means a covered election as defined in Section 1052(a)(15)(a)(iii) of the Charter. "Covered expenditure" means an expenditure directly related to the design, production, or distribution of a covered communication. An expenditure made during the ordinary conduct of business in connection with covering or carrying a news story, commentary, or editorial by any broadcasting station (including a cable television operator, programmer, or producer), website, newspaper, magazine, or other periodical publication, including any internet or electronic publication, is not a covered expenditure. "Electioneering communication" means a communication that: (1) is disseminated by radio, television, cable, internet, or satellite transmission; or is a paid advertisement; or is a communication that is delivered or served in any medium to specific individuals if 500 or more messages of a substantially similar nature are transmitted within any 30-day period; (2) is disseminated within 60 days of a covered primary, general, or special election; and (3) refers to one or more clearly identified ballot proposals or candidates for a covered election. Electioneering communication does not include a candidate-related communication made by an organization operating and remaining in good standing under § 501(c)(3) of the Internal Revenue Code of 1986. "Entity" means an entity as defined in Section 1052(a)(15)(a)(ii) of the Charter. "Express advocacy communication" means a communication disseminated in any written, audio, or video format that contains a phrase including, but not limited to, “vote for,” “re-elect,” “support,” “cast your ballot for,” “(Candidate) for (elected office),” “vote against,” “defeat,” “reject,” or “sign the petition for,” or a campaign slogan or words that in context and with limited reference to external events, such as the proximity to the election, can have no reasonable meaning other than to advocate the election, passage, or defeat of one or more clearly identified ballot proposals or candidates in a covered election and is (1) distributed to the general public in any medium or (2) delivered or served to individuals if 500 or more messages of a substantially similar nature are transmitted within any 30-day period. "Independent expenditure" means an independent expenditure as defined in Section 1052(a)(15)(a)(i) of the Charter. "Independent spender" means an individual or entity that makes an independent expenditure, or an agent of such individual or entity. "Principal owner" means an individual or entity that owns or controls 10% or more of an entity, including stockholders and partners. (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 11/19/2024, eff. 12/19/2024)
