§ 15-03 Expenditures.
RCNY § 15-03
(a)Limit. The expenditure limit for a special election is the same as the limit for a primary or general election.
(b)Expenditures are presumed to be subject to the special election expenditure limit on and after the date a special election was first reasonably anticipated, as determined by the Board. Expenditures incurred prior to the date such election was reasonably anticipated may also be presumed to be subject to the special election expenditure limit beginning when a candidate committee has already registered for the covered office that is the subject of such special election, or has begun raising or spending funds.
(c)Candidates may present evidence to the Board demonstrating the date a special election was first reasonably anticipated.
(d)Candidates who have received public funds for a special election may not make expenditures after such election, except for narrowly defined purposes as provided in 52 RCNY § 9-02(c), until any required public funds repayments are made to the Board. Expenditures made after a special election by the special election committee are presumed to be for the next election and are covered by the expenditure limit applicable to such election, pursuant to 52 RCNY § 6-01(h)(i).
(e)Qualified expenditures.
(i)Public funds received for a special election to fill a vacancy may be used only for expenditures made by a candidate to further the candidate's nomination or election to fill such vacancy, and may not be used for any expenditure that is not qualified as defined in § 3-704 of the Code and 52 RCNY § 6-02(a). An expenditure made prior to the date on which a vacancy was proclaimed shall be presumed not to be in furtherance of the candidate's nomination or election, unless the candidate provides evidence demonstrating that the vacancy was reasonably anticipated when the expenditure was made.
(ii)Expenditures incurred outside of the calendar year in which the special election is held are presumed not to be qualified, unless the proclamation and the special election occur in different calendar years.
(iii)It is presumed that the following bills for goods and services are not qualified campaign expenditures: (A) bills for a special election that are first reported in a disclosure statement submitted later than the first post-election disclosure statement applicable to that special election; and (B) bills first reported in an amendment to a disclosure statement that is made after the special election. (Added City Record 8/16/2019, eff. 9/15/2019; amended City Record 5/22/2020, eff. 6/21/2020; amended City Record 2/15/2023, eff. 3/17/2023; amended City Record 1/23/2026, eff. 2/22/2026)
