§ 5-10 Attributing Contributions.
RCNY § 5-10
(a)Attributing a contribution to an election. A contribution is presumed to be accepted for the first covered election in which the candidate seeks nomination or election following the day that the contribution is received, unless the contribution was properly transferred to the committee from another committee of the candidate for a different election, and except that: (i) in the case of a state or local election, contributions received before the first January 12 after the election will be presumed to be accepted for that election; and (ii) in the case of a federal election, contributions received before the first January 1 after the election will be presumed to be accepted for that election, except as may otherwise be provided under federal law and regulations.
(b)Attributing multiple contributions to a single source and contribution limit.
(i)Multiple contributions from a single source will be totaled to determine the candidate's compliance with the applicable contribution limits.
(ii)General factors for determining a "single source." Factors for determining whether an individual, individuals in combination, entity, or entities in combination establish, maintain, or control another entity include, but are not limited to: (A) whether the persons or entities make decisions or establish policy for the other entity, including determinations of the recipients of its contributions and the purposes of its expenditures; (B) whether the persons or entities have the authority to hire, appoint, discipline, discharge, demote, remove, or otherwise influence other persons who make decisions or establish policies for the other entity; (C) whether contributions made by the persons or entities and the other entity reflect a similar pattern; and (D) whether the persons or entities know of and have acquiesced in public representations by the other entity that it is acting on their behalf or under their direction.
(iii)Attributing single source contributions from labor organizations. Notwithstanding paragraph (i), different labor organizations shall not be considered to be a single source for the purpose of compliance with the applicable contribution limit if the candidate demonstrates that the contributors satisfy the four criteria below: (A) the labor organizations do not share a majority of members of their governing boards; (B) the labor organizations do not share a majority of the officers of their governing boards; (C) the labor organizations maintain separate accounts with different signatories; and (D) the labor organizations make contributions from separate accounts.
(iv)Burden is on the candidate. If multiple contributions appear to be from a single source in excess of the contribution limit, the candidate has the burden of demonstrating that they are from different sources. Candidates must review the relationship between contributors who appear to constitute a single source before accepting and depositing contributions.
(c)Attributing contribution amount for fundraiser ticket or fundraising item.
