§ 7-10 Review of Contributions and Expenditures.
RCNY § 7-10
(a)Facial determinations. The Board may find that a candidate's registration and financial disclosure submitted to the Board or to the State Board of Elections provide on their face a sufficient basis for a determination of the amount such candidate has spent or contracted or become obligated to spend, or received in loans or contributions. The Board will presume that contributions and loans are accepted, disbursements are made, and liabilities are incurred by a candidate for such candidate's next election. In the absence of contrary evidence, the Board will rely upon the date of contributions, loans, disbursements, and liabilities as they appear on disclosure statements filed with the Board or the State Board of Elections.
(b)Petitions for reconsideration.
(i)Contents. A candidate may file a petition for reconsideration of a preliminary Board determination made pursuant to subdivision (a). Such petition must be written and must: (A) be sworn to or affirmed; (B) indicate on whose behalf the petition is being submitted; (C) contain sufficient specificity and detail for the Board to make a decision, including: (1) if alleging that information submitted to the Board or the State Board of Elections is inaccurate or incomplete, the petition must describe the inaccuracies or omissions in detail, or the Board may presume that any information on file is true and complete; (2) if alleging fundraising or spending activities to have taken place after the close of a reporting period, the petition must describe the activities in detail; (3) if alleging that a third party is providing unreported contributions, goods, services, or benefits to a candidate in coordination with that candidate, the petition must include all relevant names, dates, and amounts, including information concerning the fair market value of services, materials, facilities, advertising, or other things of value reported to have been received or expended; and (4) if alleging that statements have been made, the petition must include content of statements, name, dates, how speaker is affiliated with a candidate or other actor, and any other relevant information. (D) include a request for a hearing, if desired; (E) be submitted no later than 10 days after the determination or decision; and (F) be accompanied by evidence that supports the allegations made in the petition. The petitioner has the burden of demonstrating a sufficient basis for a determination.
(ii)Notice of petition. (A) The Board shall send a copy of the petition to any opposing entities named in the petition or known by the Board to have an opposing interest in the petition. (B) The notice shall specify: (1) the deadline for the opposing entities to submit a response; and (2) the date and time at which the Board will conduct a hearing on the petition, if any.
(iii)Response to the petition. The opposing entities may submit a response to the petition. A failure to submit a response may be deemed an admission of the allegations in the petition and sufficient reason to deny a request to reconsider any determination based on the petition. The response must: (A) be submitted in the manner and by the deadline set forth by the Board; (B) be sworn to or affirmed; (C) either acknowledge that fundraising or spending on behalf of the respondent is sufficient to permit the Board to make a determination, regardless of the merit of the petitioning candidate's particular allegations, or contend that a determination would be inappropriate and specify the allegations in the petition that are denied and those that are admitted; (D) explain any failure to disclose any information to the Board or the City or State Board of Elections; (E) include evidence that supports the response, including, but not limited to, all relevant names, dates, and amounts, including information concerning the fair market value of services, materials, facilities, advertising, or other things of value reported to have been received or expended; (F) include a request for a hearing, if desired; and (G) be signed by the opposing entity.
(iv)Hearing. (A) The Board may decide to conduct a hearing upon request or on its own initiative. (B) The hearing date will be no earlier than 10 days after the petition is received, except: (1) for good cause shown; or (2) for petitions received less than 30 days before the election, in which case the hearing date will be no earlier than three days after the petition is received. (C) The respondent and each opposing candidate must notify the Board no less than one day in advance whether they will be represented at the hearing. Representation of a party at a hearing must be by a person with knowledge of the facts at issue. (D) At the hearing, testimony given may be under oath and no new documentary evidence will be considered unless good cause is shown for the party's failure to submit it with its petition or response.
(v)Notice of determination. Following the review of disclosure statement filings; the petition and response, if any; and testimony and evidence presented at a hearing, if any, the Board will: (A) decide whether there is a sufficient basis for a determination; and (B) provide written notice to the petitioner and opposing entities, if any, of its determination.
(vi)New petition for a preliminary public funds determination may be submitted based on new evidence. The Board's decision not to award public funds shall not be construed to preclude the subsequent submission of any petition based on new evidence for a determination respecting that candidate.
(vii)Request for reconsideration. The petitioner or an opposing party may request reconsideration of a preliminary public funds determination. (A) A request for reconsideration must be made in writing no later than 10 days after the determination, and must include: (1) an affidavit of the party affirming that neither fundraising nor spending on behalf of the respondent that has taken place after the close of the most recent reporting period is sufficient to permit the Board to make a determination; and (2) an undertaking by the respondent to notify the Board immediately in writing if and when either fundraising or spending on behalf of the respondent becomes sufficient to permit the Board to make a determination pursuant to subdivision (a). (B) The Board shall consider the evidence, may conduct a hearing, and shall notify the petitioner of its determination. (C) The Board may consider a respondent's failure to respond to the petition, or the failure of the party requesting reconsideration to be represented at a hearing on the petition, to be a sufficient basis for denying a request for reconsideration. The Board shall notify the respondent, all opposing candidates, and the petitioner whether it will reconsider the determination pursuant to subdivision (a) or decision not to make such a determination, as the case may be. (D) The Board will respond within five business days of the filing of such petition.
(viii)Appeal. A party may bring a special proceeding as set forth in Article 78 of the Civil Practice Law and Rules within four months of the Board's final determination denying the petition for reconsideration. (Added City Record 8/16/2019, eff. 9/15/2019)
