§ 8-02 Amount of Post-Election Payment.
RCNY § 8-02
(a)Reasons for post-election payment. A post-election payment shall only be made if, at the conclusion of the post-election audit, a candidate has demonstrated unpaid matching claims, a qualified expenditure surplus, and documented outstanding liabilities.
(i)Unpaid matching claims. Candidates may be entitled to receive a post-election payment equal to the amount by which the candidate's total valid matchable claims multiplied by the applicable matching rate pursuant to § 3-705 (2)(a) of the Code exceed the total pre-election payments received by the candidate.
(ii)Qualified expenditure surplus. Candidates may be entitled to receive a post-election payment equal to the amount by which the candidate's total qualified expenditures exceed the total pre-election payments received by the candidate.
(iii)Documented outstanding liabilities. Candidates may be entitled to receive a post-election payment equal to the amount of the candidate's properly reported and documented liabilities that remain outstanding, less the amount remaining in the candidate's principal committee bank account. (A) Prior to issuing a post-election payment, the Board may require the candidate to submit any bank statements not previously provided. (B) In order to be the basis for a post-election payment, an outstanding liability must be reported on or before the due date for the final disclosure statement required to be submitted for the covered election to which the liability relates. (C) To document an outstanding liability for the purpose of receiving a post-election payment, the candidate must provide documentation demonstrating that the reported payee has made a commercially reasonable attempt to collect the debt.
(iv)Post-election payment is smallest amount. The amount of the post-election payment shall be the lowest of the three amounts detailed in paragraphs (i), (ii), and (iii) of this subdivision. If any of these amounts is zero, the candidate is not entitled to receive a post-election public funds payment.
(b)Statutory maximum. Combined with the total pre-election payments received by the candidate, the post-election payment shall not exceed the maximum payment allowed for each election in which the candidate was a participant pursuant to § 3-705 (2)(b) of the Code. (Added City Record 8/16/2019, eff. 9/15/2019)
