§ 5-05 Non-matchable Contributions.
RCNY § 5-05
The following are not matchable: (a) In-kind contributions and loans. In-kind contributions and loans, regardless of whether such loans are considered contributions pursuant to § 3-702(8) of the Code.
(b)Purchase price. Contributions in the form of the purchase price paid for an item with significant intrinsic and enduring value, or paid for or otherwise induced by a chance to participate in a raffle, lottery, or a similar drawing for valuable prizes.
(c)Certain contributions from vendors. Contributions from individuals, other than employees of the candidate's principal committee, who are vendors to the committee or individuals who have an interest in a vendor to the committee, unless the expenditure to the vendor is reimbursement for an advance. For the purposes of this subdivision, "individuals who have an interest in a vendor" means individuals having an ownership interest of 10% or more in a vendor or control over the vendor. An individual shall be deemed to have control over the vendor firm if the individual holds a management position, such as the position of officer, director or trustee.
(d)Doing business, lobbyist, and lobbyist-related contributions. Contributions from individuals having business dealings with the city as defined in § 3-702(18) of the Code, and contributions from lobbyists as defined in § 3-211 of the Code, or persons required to be included in a statement of registration filed pursuant to §§ 3-213(c)(1) or 3-213(d) of the Code.
(e)Contributions intermediated by a person doing business with the city. Contributions for which any individual or entity listed in the doing business database at the time of the contribution acted as an intermediary.
(f)Contributions from business accounts. Contribution checks drawn on business accounts, or accounts that bear indicia of being business accounts, such as the contributor's professional title.
(g)Prohibited or excess contributions. Contributions from contributors subject to the prohibitions of §§ 3-703(1)(k) or (l) of the Code or that are otherwise prohibited by these rules, or that, in the aggregate for a given contributor, exceed the contribution limits applicable under the Act.
(h)Returned contributions. Contributions that are returned or refunded to, or not paid by, the contributor.
(i)Unitemized contributions. Contributions for which required information is missing from or illegible in a disclosure statement.
(j)Contributions with unreported occupation, employer, and business address. Contributions for which the candidate has not reported the contributor's occupation, employer, and business address, where such contributions: (i) total more than $99; or (ii) total $99 or less, and the contributor is an employee of the candidate, of the spouse or domestic partner of such candidate, or of an entity in which such candidate, spouse, or domestic partner has an ownership interest of 10% or more or in which such candidate, spouse, or domestic partner holds a management position, such as the position of officer, director, or trustee.
(k)Contributions from minors. Contributions from individuals under 18 years of age.
(l)Contributions in violation of law. Contributions that were made, received, solicited, or otherwise obtained in violation of any federal, state, or local law, including the Act and these rules.
(m)Contributions from entities. Contributions received from entities other than individuals, including political committees.
(n)Contributions not from New York City residents. Contributions from contributors whose residential addresses are not within New York City, or for whom other indicia exist that the contributor is not an individual New York City resident.
(o)Contributions made after the election year. Contributions made later than December 31 of the year of the covered election in which the participant is a candidate.
(p)Contributions for other elections. Contributions originally received for elections other than the election in which the participant is currently a candidate, as described in 52 RCNY § 5-08.
(q)Claims exceeding the gross amount of the contribution. Matchable contribution claims that exceed the gross amount of the contribution.
(r)Excess matching claims. Matchable contribution claims that would yield more than the maximum public funds payment per contributor as provided in § 3-705(2)(a) of the Code.
(s)Contributions made with checks drawn by someone other than the contributor. Checks drawn by an individual or entity other than the contributor, except for checks signed by a contributor's authorized agent, where the documentation required under 52 RCNY § 4-01(b)(ii)(A)(3) and 52 RCNY § 4-01(b)(iii) has been maintained and provided.
(t)Contributions to other committees. Contributions made payable to, or originally received by, entities other than the principal committee, including committees not otherwise involved in the covered election; (u) Contributions not timely and properly reported. Contributions that were not timely reported and itemized in disclosure statements, or that were reported for the first time in an amendment to a disclosure statement.
(v)Contributions claimed after the year of the election. Contributions not claimed as matchable on or before January 15 in the year after the year of the election.
(w)Contributions not properly documented. Contributions for which a record required under 52 RCNY Chapter 4 was not kept or provided upon request, for which complete supporting documentation required by 52 RCNY § 4-05(c)(ii)(B)(2) has not been submitted, or for which the information on such documentation is not consistent with the information reported in the disclosure statement.
(x)Contributions made with consecutively numbered cashier's checks or money orders. Contributions purportedly from different contributors that were made by cashier's checks or money orders bearing consecutive serial numbers, or other indicia that they were purchased simultaneously.
(y)Certain contributions exceeding $100. Contributions from any one contributor that are greater than $100 in the aggregate and are made by any instrument other than check, credit card, or debit card.
(z)Withdrawn matching claims. Contributions for which a matching claim was previously withdrawn by the candidate.
(aa)Non-matchable contributions. Contributions that are otherwise not matchable contributions within the meaning of the Act.
(bb)Contributions made by digital assets. Digital assets, such as cryptocurrencies or non-fungible tokens based upon blockchain or similar software.
(cc)Additional factors. In addition, the Board will consider the following factors in determining whether matchable contribution claims are invalid and in projecting a rate of invalid matchable contribution claims: (i) any information that suggests that a contribution has not been processed or reported in accordance with Program requirements; (ii) any other information that suggests that matchable contribution claims may be invalid; and (iii) calculation errors in totals reported. (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 11/19/2024, eff. 12/19/2024)
