§ 6-02 Restrictions on Expenditures.
RCNY § 6-02
(a)Spending public funds; qualified expenditures.
(i)Public funds may be used only for qualified expenditures.
(ii)The following are not considered qualified expenditures: (A) expenditures for any purpose other than to further the candidate's nomination or election; (B) expenditures not incurred between December 15 in the year preceding the year of the election in which the participant is a candidate, and the date of such election; (C) expenditures in violation of any law; (D) payments to the candidate or a spouse, domestic partner, child, grandchild, parent, grandparent, or sibling of the candidate or spouse or domestic partner of such child, grandchild, parent, grandparent,or sibling, or to an entity in which the candidate or any such person has a 10% or greater ownership interest; (E) payments in excess of the fair market value of services, materials, facilities, or other things of value received; (F) expenditures made after the candidate has been finally disqualified or such candidate's petitions have been finally declared invalid by the Board of Elections or a court of competent jurisdiction, except that such expenditures may be made (1) as otherwise permitted pursuant to § 3-709(7) of the Code, or (2) for a different election (other than a special election to fill a vacancy) held later in the same calendar year in which the candidate seeks election for the same office, unless the candidate is seeking election exclusively as a write-in candidate in such later election; (G) expenditures made after the only remaining opponent of the candidate has been finally disqualified or such opponent's petitions have been finally declared invalid by the Board of Elections or a court of competent jurisdiction, except that such expenditures may be made for a different election (other than a special election to fill a vacancy) held later in the same calendar year in which the candidate seeks election for the same office, unless the candidate is seeking election exclusively as a write-in candidate in such later election; (H) expenditures made for any other election, if the public funds were originally received for a special election to fill a vacancy; (I) payments in cash; (J) contributions, transfers, or loans made to another candidate or political committee; (K) gifts, except brochures, buttons, signs, and other printed campaign material; (L) expenditures to challenge the validity of petitions of designation or nomination, or of certificates of nomination, acceptance, authorization, declination, or substitution, and expenses related to the canvassing of election results; (M) expenditures for which records required by 52 RCNY § 4-01 are not maintained or obtained by the candidate and submitted to the CFB; (N) expenditures that are not itemized in a disclosure statement; (O) payments that are not made or reimbursed from an account disclosed by the candidate pursuant to 52 RCNY § 2-01 or 52 RCNY § 2-02(e); (P) reimbursement for advances, except in the case of individual purchases in excess of $250, provided that the individual purchase is not otherwise not a qualified expenditure on the basis of any of the other subparagraphs of paragraph (ii); (Q) expenditures made in connection with any action, claim, or suit before any court or arbitrator; (R) expenditures made primarily for the purpose of expressly advocating a vote for or against a ballot proposal, unless such expenditures were also made to further the participating candidate's nomination or election; (S) payments of any penalty or fine imposed pursuant to federal, state, or local law; (T) payments for services that were never received, including payments for legal services pursuant to a retainer agreement to the extent payments for such services exceed the value of the services rendered; (U) expenditures to facilitate, support, or otherwise assist in the execution or performance of the duties of public office; (V) expenditures related to childcare services; (W) payments for liabilities that were not reported in the disclosure statement covering the reporting period in which the liability was incurred; or (X) expenditures in excess of $5,000 made by a candidate in a small primary election as defined in 52 RCNY § 7-05(a).
(b)Expenditures in cash. A candidate may not use cash for an expenditure of more than $100.
(c)Volunteer services. Candidates may not pay volunteers for services already performed on a voluntary basis for that election, but may hire them as paid employees or retain them as consultants for future services. Candidates may not accept professional services on a volunteer basis from individuals who previously provided, on a paid basis, services of a similar nature to the same candidate during the same election cycle. Candidates may not accept volunteer services from any entity, or from an individual having an ownership interest of 10% or more in, or control over, any entity that provided paid services to the same candidate during the same election cycle. Notwithstanding the foregoing, after the election, candidates may accept volunteer services from individuals who previously provided paid services.
(d)Candidates may not enter into contracts or agreements that provide for payments to vendors or employees that are conditional upon the receipt of public funds. (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)
