Int. No. 986

By Council Members Kallos, Lancman and Lander

A Local Law to amend the administrative code of the city of New York, in relation to early public funds payments in local elections

Be it enacted by the Council as follows:

                     Section 1. Paragraph (a) of subdivision 1 of section 3-703 of the administrative code of the city of New York is amended to read as follows:

(a) meet all the requirements of law to have his or her name on the ballot or, for any disbursements of optional public financing occurring prior to two weeks after the last day to file designating petitions for a primary election, certify that he or she intends to meet all of the requirements of law to have his or her name on the ballot for the primary or general election;

                     § 2. Paragraph (b) of subdivision 2 of section 3-705 of the administrative code of the city of New York is amended to read as follows:

(b) Except as otherwise provided in subdivision three of section 3-706, in no case shall the principal committee of a participating candidate receive public funds pursuant to paragraph (a) above in excess of an amount equal to fifty-five percent of the expenditure limitation provided in subdivision one of section 3-706 for the office for which such candidate seeks nomination for election or election. In addition, the principal committee of a participating candidate shall not receive public funds prior to two weeks after the last day to file designating petitions for a primary election in excess of $250,000 for any candidate for nomination for election to the office of mayor; $125,000 for any candidate for nomination for election to the office of public advocate or comptroller; $50,000 for any candidate for nomination for election to the office of borough president; and $10,000 for any candidate for nomination for election to the office of member of the city council.

§ 3. Subdivision 5 of section 3-709 of the administrative code of the city of New York is amended to read as follows:

5. No moneys shall be paid to participating candidates in a primary or general election any earlier than [two weeks after the last day to file designating petitions for such primary election] four business days after the final day to file a written certification pursuant to section 3-703 of the code.

                     § 4. Paragraph (a) of subdivision 6 of section 3-709 of the administrative code of the city of New York is amended to read as follows:

(a) No moneys shall be paid to participating candidates in a run-off primary election held pursuant to section 6-162 of the election law [or in a general election] any earlier than the day after the day of the primary election held to nominate candidates for such election.

                     § 5. Subdivision 3 of section 3-710 of the administrative code of the city of New York is amended to read as follows:

3. (a) If a participating candidate whose principal committee has received public funds is disqualified by a court of competent jurisdiction on the grounds that such candidate committed fraudulent acts in order to obtain a place on the ballot and such decision is not reversed, such candidate and his or her principal committee shall pay to the board an amount equal to the total of public funds received by such principal committee.

(b) If a participating candidate whose principal committee has received public funds fails to actively campaign for a covered office, such candidate and his or her principal committee shall pay to the board an amount equal to the total of public funds received by such principal committee. For the purposes of this subdivision, the term “actively campaign for a covered office” shall mean filing designating petitions for inclusion on the ballot, and activities that include, but are not be limited to, raising and spending funds for nomination for election, or election to a covered office, seeking endorsements, and broadly soliciting votes.

                     § 6. This local law takes effect on January 1, 2016.

dss

LS 2394/2014

6/22/15