§ 6-01 Expenditure Limits.
RCNY § 6-01
(a)Participants may not exceed the applicable expenditure limits provided in § 3-706 of the Code.
(b)Adjustment. Pursuant to § 3-706 (1) of the Code, not later than the first day of March in the year 2010, and every fourth year thereafter, the Board shall adjust the expenditure limits. Such adjustment shall be made in accordance with changes in the consumer price index for the metropolitan New York-New Jersey region published by the United States Bureau of Labor Statistics. The adjustment shall be based on the difference between the average consumer price index over the 12 months preceding the calendar year of such adjustment, and either (a) the calendar year preceding the year of the last such adjustment or (b) such other calendar year as may be appropriate pursuant to any amendment to the Act.
(c)Participants have the burden of monitoring their expenditures to be sure that they do not exceed the limit.
(d)Applicability. All expenditures made by a participant to further the participant's nomination or election, including expenditures made for the purpose of furthering or facilitating the defeat of the nomination or election of an opponent or prospective opponent, are subject to the expenditure limit applicable under the Act. All expenditures made by the participant shall be totaled to determine the participant's compliance with the applicable expenditure limit. Expenditures incurred after the last election in an election year in which the participant is a candidate, or a special election, are not subject to the expenditure limits for that election.
(e)Expenditures made during the three calendar years preceding the election. Expenditures made by a participant during the three calendar years preceding the year of a covered election are subject to the applicable expenditure limit set forth in § 3-706 (2) of the Code. A participant is permitted to make expenditure in excess of this limit. However, pursuant to § 3-706 (2a)(a), the amount by which the limits of § 3-706 (2) are exceeded will be counted against the participant's first election year expenditure limit under § 3-706 (1).
(f)Expenditures made during the year of the election. Expenditures made on or after the first day of January in the year of a covered election, and expenditures attributed to the year of the election pursuant to paragraph (v) of subdivision (h) of this section, are subject to the applicable expenditure limit set forth in § 3-706 (1) of the Code.
(g)Expenditures for or against a ballot proposal. Expenditures made by a participant's principal committee for the purpose of advocating a vote for or against a proposal on the ballot in an election that is also a covered election, regardless of whether the expenditures were also made to further or facilitate the participant's nomination or election, shall be subject to the contribution and expenditure limits applicable to such covered election.
(h)Attributing an expenditure.
(i)An expenditure is presumed to be made for the first covered election in which the candidate seeks nomination or election following the day that the expenditure is made, except: (A) expenditures made before the first January 12 after a state or local election will be presumed to be made for that election; and (B) expenditures made before the first January 1 after a federal election will be presumed to be made for that election, except as may otherwise be provided under federal law and regulations.
(ii)No contested primary. If there is no contested primary election in any party for an office, expenditures made by a candidate seeking that office will be entirely attributed to the general election.
(iii)Contested primary or write-in primary. (A) If there is a contested or write-in primary election in any party for an office, every participant or limited participant seeking that office, regardless of whether the participant or limited participant is in the primary election, may make expenditures subject to the primary election expenditure limit of § 3-706(1) of the Code, provided the participant or limited participant files the two pre-primary and 10 day post-primary election disclosure statements pursuant to 52 RCNY § 4-05(b)(ii)(B) and (C) in a timely manner. In this case, the general election expenditure limit will first apply after the date of the primary election. (B) Expenditures incurred after the date of the contested or write-in primary election will be attributed to the general election. (C) Expenditures incurred before the primary election by a candidate in a contested primary election are attributed to the primary election, regardless of whether the candidate also received the nomination of another party without a primary election.
(iv)Reasonably anticipated primary. Expenditures may be attributed to a primary election that the Board has determined is reasonably anticipated. (A) If a participant demonstrates to the Board that for a period preceding the primary election the participant had reasonably anticipated a primary election in any party for the office the participant seeks, the participant may attribute expenditures made before and during that period to the primary election expenditure limit of § 3-706(1) of the Code, provided the participant files the two pre-primary and 10 day post-primary election disclosure statements and daily disclosures pursuant to 52 RCNY § 4-05(b)(ii)(B), (C), and 52 RCNY § 4-06 in a timely manner. In this case, the general election expenditure limit will first apply after that period. (B) In order to demonstrate to the Board that for a period preceding the primary election the participant had reasonably anticipated a primary election, the participant must file a petition, consisting of an affidavit with supporting documentation, with the Board no later than 10 business days following the date the last remaining candidate other than the participant was finally disqualified from the ballot as set forth in 52 RCNY § 7-01(e)(i).
(1)The affidavit must: (I) be sworn to or affirmed by the candidate; (II) specify the period of time during which it was reasonable to anticipate that a primary election would be held; (III) identify the prospective candidate(s); and (IV) provide a factual basis for the participant's belief that a primary election was reasonably anticipated during the specified period of time.
(2)The supporting documentation must demonstrate that the prospective candidate(s) engaged in activities that would lead a reasonable person to believe that such candidate(s) would participate in the primary election. Such activities may include: (I) authorizing a political committee with the Board for the primary election; (II) filing a Registration or Certification with the Board; (III) engaging in petitioning activity, including the filing of petitions with the Board of Elections; (IV) producing and/or distributing campaign communications related to the primary election; and (V) campaigning for office or otherwise publicly declaring an intent to participate in the primary election. (C) Once it is determined that no primary election will be held for nomination to an office, or that such primary election is no longer reasonably anticipated, subsequent expenditures will be subject to the general election expenditure limit.
(v)Timing of expenditures. As provided and described in §§ 3-706 (1) and (2) of the Code, an expenditure for goods or services is made when the goods or services are received, used, or rendered, regardless of when payment is made. Expenditures for goods or services received, used, or rendered in more than one year, including campaign websites, shall be attributed in a reasonable manner to the expenditure limits of § 3-706 (1) or (2) of the Code, as appropriate. (A) Expenditures for campaign advertising or other campaign communications shall be attributed to the expenditure limit in effect when the advertisement or communication is distributed, broadcast, or published. For the purposes of this paragraph, "campaign advertising or other campaign communications" shall not include a campaign website. A communication that is mailed shall be considered to have been "distributed" on the date on which it was postmarked. (B) Expenditures for services performed or deliverables provided over a period that includes both the primary and the general elections shall be attributed in a reasonable manner to the expenditure limits of §§ 3-706(1) and (2) of the Code, as appropriate. (C) Notwithstanding the requirements of this subdivision, the Board may require a candidate to demonstrate that an expenditure should be attributed to the expenditure limit provided in § 3-706(1) or (2) of the Code, as appropriate, based on the timing, nature, and purpose of the expenditure.
(j)Expenditure limit compliance for a transfer between political committees.
(k)Expenditure limit relief.
(l)Delayed or postponed elections. The expenditure limit applicable to candidates in an election that is delayed or otherwise postponed shall be increased by 0.5% of the original limit for each day by which the election is delayed or postponed; provided, however, that such increase shall not exceed 30% of the original limit. (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 6/10/2021, eff. 7/10/2021; amended City Record 11/19/2024, eff. 12/19/2024; amended City Record 1/23/2026, eff. 2/22/2026)
