Section 3-709.5. Mandatory debates

1. (a) In any year in which a primary,
  general or special election is to be held, any  participating  candidate
  and  any limited participating candidate for nomination or election to a
  city-wide office shall participate in either  of  the  two  pre-election
  debates,  or  both, held pursuant to this section for which he or she is
  eligible  and  is  required  to  debate  pursuant  to  this  section.  A
  participating   candidate   or   limited   participating  candidate  for
  nomination or election to a city-wide office is eligible to  participate
  in  a debate for each election in which he or she is on the ballot if he
  or she has met such criteria for participation as shall be specified  in
  any agreement between the debate sponsor and the board.
    (b) In any year in which a run-off primary or run-off special election
  to  fill  a  vacancy  for  a city-wide office is held, any participating
  candidate and any limited  participating  candidate  for  nomination  or
  election to such city-wide office who is on the ballot shall participate
  in one run-off election debate.
    (c)  In the case of a primary, the debate shall be among participating
  candidates and limited participating candidates seeking  the  nomination
  of  the  same  political  party  who  meet  the requirements provided in
  paragraph (a) of this subdivision. If there is no contested primary  for
  an  office  in  a  political  party  then  no  debate  for  that party's
  nomination shall be held pursuant to this section.
    (d) Each debate held pursuant to this section shall be  at  least  one
  hour's duration.
    2.  For  purposes of this section, a "debate" shall mean the moderated
  reciprocal discussion of issues among candidates on the ballot  for  the
  same office.
    3.  The  campaign  finance board shall select one or more sponsors for
  each debate required pursuant to this section. For primary, general  and
  special elections, the second debate shall be a debate among the leading
  contenders  for the office, as described in paragraph (b) of subdivision
  five of this section.
    4. Organizations which are not affiliated with any political party  or
  with  any  holder  of  or  candidate  for  public office, which have not
  endorsed any candidate in the  pending  primary,  special,  general,  or
  run-off  election  for the city-wide office shall be eligible to sponsor
  one or more of the required  debates.  The  rules  for  conducting  such
  debates shall be solely the responsibility of the organizations selected
  but  shall  not  be  made  final  without consultation with the campaign
  finance board. The  organizations  selected  shall  be  responsible  for
  choosing the date, time and location of the debates.
    5.  Written applications by organizations to sponsor a debate shall be
  submitted to the campaign finance board on a form provided by the  board
  not  later  than  a  date  chosen  by  the board in any year in which an
  election is held for city-wide offices.
    (a) The written application shall:
    (i) demonstrate that the organization and any proposed co-sponsor meet
  the criteria of subdivision four of this section;
    (ii) specify the election and office for which the organization  seeks
  to sponsor the debate;
    (iii)  set  forth the date, time, duration, and location of the debate
  and the specific and exclusive circumstances under  which  the  date  or
  time  may be changed, together with a provision for when the rescheduled
  debate would be held;
    (iv) provide a detailed description of the format and ground rules for
  the debate;
    (v) verify that the staging, promotion, and  coverage  of  the  debate
  shall be in conformance with all applicable laws;

    (vi)  include  an  agreement  to  indemnify the city for any liability
  arising from the acts or omissions of the sponsor; and
    (vii)  set forth plans for publicity and for broadcast and other media
  coverage for the debate; and
    (viii) set forth the criteria for  determining  which  candidates  are
  eligible  to  participate  in  each  debate  the  organization  seeks to
  sponsor, in accordance with paragraph (b) of this subdivision.
    (b) (i) Except as otherwise provided in subparagraph (ii) below,  each
  debate  for  a  primary,  general or special election shall include only
  those participating candidates or limited participating  candidates  the
  sponsor  of  each  such  debate  has  determined  meet the non-partisan,
  objective, and non-discriminatory criteria set forth  in  any  agreement
  between  the sponsor and the board; provided, however, that the criteria
  for the first debate for a primary, general, or special  election  shall
  provide,  among other criteria, (A) that a participating candidate shall
  be eligible to participate in such debate if he or she has, by the  last
  filing date prior to such debate, (I) spent, contracted, or obligated to
  spend,  and  (II)  received in contributions, an amount equal to or more
  than twenty percent of the threshold for eligibility for public  funding
  applicable  to  participating candidates contained in subdivision two of
  section 3-703, and (B) that a limited participating candidate  shall  be
  eligible  to  participate  in  such debate if he or she has, by the last
  filing date prior to such debate, spent,  contracted,  or  obligated  to
  spend,  an  amount equal to or more than twenty percent of the threshold
  for  eligibility  for  public  funding   applicable   to   participating
  candidates  seeking  the  office  for  which  such  debate is being held
  contained in subdivision two of section 3-703; provided,  however,  that
  for the purpose of determining whether a candidate has met the financial
  criteria   to   be   eligible   to  participate  in  such  debate,  only
  contributions raised and spent in compliance with the act shall be  used
  to  determine  whether the candidate has raised and spent twenty percent
  of the threshold  for  eligibility  for  public  funding  applicable  to
  participating  candidates contained in subdivision two of section 3-703;
  provided, further, that the second debate for  a  primary,  general,  or
  special  election  shall  include only those participating candidates or
  limited participating candidates who the sponsor has also determined are
  leading contenders on the basis of additional  non-partisan,  objective,
  and  non-discriminatory  criteria set forth in any agreement between the
  sponsor and the board. Nothing in this provision is  intended  to  limit
  the debates to the two major political parties.
    (ii)  If  a  debate  sponsor  has  determined that a non-participating
  candidate   has   met   all    the    non-partisan,    objective,    and
  non-discriminatory  criteria  applicable  to participating candidates or
  limited participating candidates for  access  to  any  of  the  primary,
  general,  or  special  election  debates,  the  sponsor  may invite that
  candidate to participate in such  debate.  In  the  case  of  a  run-off
  primary election or a run-off special election, the sponsor may invite a
  non-participating candidate to participate in such debate. However, if a
  non-participating candidate does not accept such invitation to debate or
  does  not  appear  at  such  debate,  the  debate  shall  go  forward as
  scheduled;  provided,  however,  if  there  is  only  one  participating
  candidate  or  limited participating candidate participating in any such
  debate, such debate shall be canceled.
    6. Prior to choosing a  sponsor,  the  board  shall  provide  for  the
  receipt of comments from interested persons regarding the qualifications
  of  potential  sponsors.  The  board shall consider and give substantial
  weight to such comments submitted by candidates.

    7. Based upon the criteria in subdivision four above and any  comments
  received  pursuant  to subdivision six above, the board shall select the
  organization or organizations to sponsor the debates and  shall  provide
  written  notification  to the organization or organizations so selected.
  In  addition  to  the  sufficiency  of  the application, the board shall
  consider the applicant's ability to reach a wide audience and present  a
  fair  and  impartial debate. The board may accept an application subject
  to modifications as it deems appropriate and as are  acceptable  to  the
  sponsor.
    8. For all debates, the board shall provide each debate sponsor it has
  selected   with   a   list   of  participating  candidates  and  limited
  participating  candidates  who  are  eligible  to   be   considered   to
  participate in such debates.
    9.  If  a  candidate fails to participate in any debate required under
  this section before an election,  the  candidate  shall  be  liable  for
  return  of any public matching funds previously received pursuant to the
  certification filed by the candidate in connection with the election for
  which such debate is held, shall be ineligible to  receive  any  further
  matching  funds for that election, and may be subject to a civil penalty
  pursuant to section  3-711.  For  purposes  of  this  subdivision,  each
  primary,  general,  special  or  run-off  election shall be considered a
  separate election.
    10. Following the submission of a petition on behalf of the  candidate
  and  a  hearing  before the board, the sanction or sanctions provided in
  subdivision nine of this section applicable to a candidate  for  failure
  to  participate  in  any  debate  as  required under this section may be
  waived upon a determination by the board that the failure to participate
  in the debate occurred under circumstances beyond  the  control  of  the
  candidate  and  of  such  nature that a reasonable person would find the
  failure justifiable or excusable.
    11. Nothing contained in this section  shall  preclude  any  candidate
  from agreeing to participate in any number of additional debates between
  any   and   all   candidates   for   a   city-wide   office,   including
  non-participating candidates or limited participating candidates.  These
  debates need not be held under guidelines or the purview of the campaign
  finance board.
    12.  The  city  of  New  York  shall  indemnify  each  sponsor for any
  liability of such sponsor arising out of the acts or  omissions  of  the
  city  of  New  York  in  connection with the selection of candidates for
  participation in any debate held pursuant to this section 3-709.5.