Section 3-706. Expenditures limitations; additional financing and limits

1.
  The  following limitations apply to all expenditures made by a candidate
  and his or her principal committee on or after the first day of  January
  preceding  the  election for which such candidate chooses to participate
  in the public funding provisions of this  chapter  and  to  expenditures
  made at any time prior to such date for services, materials, facilities,
  advertising  or  other  things  of  value received, rendered, published,
  distributed or broadcast on or after such date:
    (a) Except as provided in paragraph (b) of this subdivision,  in  each
  primary  election,  in  each  special election to fill a vacancy, and in
  each general election, expenditures by a participating  candidate  or  a
  limited  participating  candidate and his or her principal committee for
  one of the following offices shall not exceed the following amounts:
 
          mayor:                               $6,158,000
          public advocate or comptroller:      $3,850,000
          borough president:                   $1,386,000
          member of the city council:            $161,000
 
    (b) (i) The expenditure limitation in a run-off primary election  held
  pursuant  to  section  6-162  of  the  New  York state election law or a
  run-off special election held to fill a vacancy shall be  one  half  the
  amount  of  the  applicable limitation provided for an election for such
  office pursuant to the provisions of paragraph (a) of this subdivision.
    (ii) The board shall  promulgate  rules  to  provide  for  a  separate
  expenditure  limit applicable to campaign expenditures for an additional
  day for voting held pursuant to section 3-108  of  the  New  York  state
  election  law, an election held pursuant to court order, or a delayed or
  otherwise postponed election.
    (c) Expenditures by participating or limited participating  candidates
  in  a  primary  election  made  prior  to or on the date of such primary
  election shall be deemed to have been made for such primary election.
    (d) The campaign finance  board  shall,  pursuant  to  section  3-713,
  submit  a  report  to  the  mayor and the council on or before September
  first, nineteen hundred ninety, containing its  recommendations  whether
  the  expenditure  limitations  provided  by  this  subdivision should be
  modified.  Such report shall set forth the amount of, and  reasons  for,
  any modifications it recommends.
    (e) Not later than the first day of March in the year two thousand ten
  and  every  fourth  year thereafter the campaign finance board shall (i)
  determine the percentage difference between the average over a  calendar
  year  of  the  consumer  price  index  for the metropolitan New York-New
  Jersey region published by the United States bureau of labor  statistics
  for  the twelve months preceding the beginning of such calendar year and
  the average over the calendar year two thousand seven of  such  consumer
  price  index;  (ii) adjust each expenditure limitation applicable either
  pursuant to this subdivision or subdivision 2 of  this  section  by  the
  amount of such percentage difference to the nearest thousand dollars and
  (iii)  publish  such adjusted expenditure limitation in the City Record.
  Such adjusted expenditure limitation shall be in effect for any election
  held before the next such adjustment.
    2. The following limitations apply  to  all  expenditures  made  by  a
  participating   or  limited  participating  candidate  and  his  or  her
  principal committee in the three calendar years preceding  the  year  of
  the election for which such candidate chooses to file a certification as
  a  participating  or  limited  participating  candidate pursuant to this
  chapter and to expenditures made at any time  prior  to  such  date  for
  services,  materials,  facilities,  advertising or other things of value

  received, rendered, published, distributed or broadcast in such calendar
  years. Such expenditures by a  participating  or  limited  participating
  candidate  for  one  of  the  following offices and his or her principal
  committee shall not exceed the following amounts:
 
      mayor, public advocate or comptroller:   $290,000
      borough president:                       $129,000
      member of the city council:               $43,000
 
    2-a.  (a)  If  the  expenditures  made  by  a candidate and his or her
  principal committee subject to the expenditure limitation of subdivision
  two of this section exceed the  amount  of  the  expenditure  limitation
  applicable  under  such  subdivision,  such  candidate  or  his  or  her
  principal committee shall not be ineligible to  receive  public  funding
  for  qualified  campaign expenditures or be in violation of this chapter
  by reason of exceeding such limitation unless the amount by  which  such
  expenditures  exceed  such  limitation  is  in excess of the expenditure
  limitation which next applies to such candidate or his or her  principal
  committee  pursuant  to  subdivision  one  of  this section; and further
  provided that the  amount  of  the  expenditure  limitation  which  next
  applies to such candidate or his or her principal committee, pursuant to
  subdivision one of this section, shall be reduced by the amount by which
  the  expenditure  limitation  applicable  under  subdivision two of this
  section is exceeded.
    (b) Nothing contained in paragraph (a) of this subdivision shall:
    (i) operate to increase or decrease the amount of  public  funds  that
  may be received pursuant to section 3-705 by the principal committee;
    (ii)  affect  the expenditure limitation set forth in paragraph (b) of
  subdivision one of this section; or
    (iii) affect the expenditure limitation set forth in paragraph (a)  of
  subdivision  one  of  this  section  for  purposes of the application of
  subdivision three of this section.
    3. (a) If any candidate in any covered election chooses not to file  a
  certification  as  a  participating  or  limited participating candidate
  pursuant to this chapter, and  where  the  campaign  finance  board  has
  determined that such candidate and his or her authorized committees have
  spent  or contracted or have obligated to spend, or received in loans or
  contributions, or both, an amount which, in the aggregate, exceeds  half
  the  applicable  expenditure  limit for such office fixed by subdivision
  one of this section, then:
    (i) such expenditure limit applicable to participating candidates  and
  limited  participating candidates in such election for such office shall
  be increased to one hundred fifty percent of such limit; and
    (ii) the principal committees of such participating  candidates  shall
  receive  payment for qualified campaign expenditures of five dollars for
  each one dollar of matchable  contributions,  up  to  one  thousand  two
  hundred  fifty  dollars  in  public  funds per contributor (or up to six
  hundred twenty five dollars in public funds per contributor in the  case
  of  a  special  election);  provided,  however,  that  (A) participating
  candidates in a run-off election shall receive  public  funds  for  such
  election  pursuant  to  subdivision  five of section 3-705 and shall not
  receive any additional public funds pursuant to this section, and (B) in
  no case shall a principal committee receive in public  funds  an  amount
  exceeding  two-thirds  of  the  expenditure limitation provided for such
  office in subdivision one of this section.
    (iii) for elections occurring after January first, two thousand eight,
  the campaign finance board shall promulgate rules to  provide  that  the
  principal  committees  of  such  participating  candidates shall receive

  payment for  qualified  campaign  expenditures  that  will  provide  the
  highest  allowable  matchable contribution to be matched by an amount up
  to  one  thousand  two  hundred  fifty  dollars  in  public  funds   per
  contributor  (or  up  to six hundred twenty five dollars in public funds
  per contributor in the case of  special  election);  provided,  however,
  that  (A)  participating  candidates in a run-off election shall receive
  public funds for such election pursuant to subdivision five  of  section
  3-705 and shall not receive any additional public funds pursuant to this
  section,  and  (B)  in  no  case  shall a principal committee receive in
  public  funds  an  amount  exceeding  two-thirds  of   the   expenditure
  limitation provided for such office in subdivision one of this section.
    (b)  If  any  candidate  in any covered election chooses not to file a
  certification as a  participating  or  limited  participating  candidate
  pursuant  to  this  chapter,  and  where  the campaign finance board has
  determined that such candidate and his or her authorized committees have
  spent or contracted or have obligated to spend, or received in loans  or
  contributions, or both, an amount which, in the aggregate, exceeds three
  times  the  applicable  expenditure  limit  for  such  office  fixed  by
  subdivision one of this section, then:
    (i) such expenditure limit shall  no  longer  apply  to  participating
  candidates  and  limited  participating  candidates in such election for
  such office; and
    (ii) the principal committees of such participating  candidates  shall
  receive  payment  for qualified campaign expenditures of six dollars for
  each one dollar of matchable contributions,  up  to  one  thousand  five
  hundred  dollars in public funds per contributor (or up to seven hundred
  fifty dollars in public funds per contributor in the case of  a  special
  election);  provided,  however,  that  (A) participating candidates in a
  run-off election shall receive public funds for such  election  pursuant
  to  subdivision  five  of  section  3-705  and  shall  not  receive  any
  additional public funds pursuant to this section, and  (B)  in  no  case
  shall  a principal committee receive in public funds an amount exceeding
  one hundred twenty-five percent of the expenditure  limitation  provided
  for such office in subdivision one of this section.
    (iii) for elections occurring after January first, two thousand eight,
  the  campaign  finance  board shall promulgate rules to provide that the
  principal committees of  such  participating  candidates  shall  receive
  payment  for  qualified  campaign  expenditures  that  will  provide the
  highest allowable matchable contribution to be matched by an  amount  up
  to one thousand five hundred dollars in public funds per contributor (or
  up to seven hundred fifty dollars in public funds per contributor in the
  case  of  special  election);  provided, however, that (A) participating
  candidates in a run-off election shall receive  public  funds  for  such
  election  pursuant  to  subdivision  five of section 3-705 and shall not
  receive any additional public funds pursuant to this section, and (B) in
  no case shall a principal committee receive in public  funds  an  amount
  exceeding  one hundred twenty-five percent of the expenditure limitation
  provided for such office in subdivision one of this section.
    4.  (a)  Expenditures  made  for  the  purpose  of:  (i)  bringing  or
  responding  to any action, proceeding, claim or suit before any court or
  arbitrator or  administrative  agency  to  determine  a  candidate's  or
  political  committee's compliance with the requirements of this chapter,
  including eligibility for public funds payments, or pursuant to or  with
  respect  to  election law or other law or regulation governing candidate
  or political committee activity  or  ballot  status,  (ii)  expenses  to
  challenge  or  defend  the  validity  of  petitions  of  designation  or
  nomination or certificates  of  nomination,  acceptance,  authorization,
  declination  or  substitution, and expenses related to the canvassing or

  re-canvassing of election results, and (iii)  expenses  related  to  the
  post-election  audit shall not be limited by the expenditure limitations
  of this section.
    (b)  A  participating  candidate shall be required to provide detailed
  documentation substantiating all exempt expenditure claims made pursuant
  to this subdivision.