Section 3-718. Limited Participation  


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  • 1.  Requirements.  (a)  To  be  a  limited  participating candidate, a
      candidate for nomination for election or election must:
        (i) be a candidate for mayor, public  advocate,  comptroller,  borough
      president  or  member  of  the  city  council  in a primary, special, or
      general election;
        (ii) not have filed a certification pursuant to section 3-703 for  the
      election  or elections for which he or she seeks to file a certification
      pursuant hereto; and
        (iii) (A) file  a  written  certification  in  such  form  as  may  be
      prescribed  by  the  campaign finance board, which sets forth his or her
      acceptance of and agreement to comply with the terms and  conditions  of
      this  section  and  the  rules  promulgated  hereby,  which  includes an
      affirmation that the candidate has a sufficient amount of personal funds
      to fund his or her campaign; and
        (B) the deadline for filing such certification for a primary, general,
      or special election shall  be  the  deadline  date  for  filing  written
      certifications  pursuant  to  section  3-703(1)(c) by candidates seeking
      nomination for election or election to  the  same  office  in  the  same
      calendar  year as candidates seeking to file a certification pursuant to
      this subparagraph,  and  the  provisions  of  such  section  3-703(1)(c)
      relating  to  the  occurrence  of  an "extraordinary circumstance" shall
      apply to limited participating candidates; and
        (iv) notify the board in the candidate's written certification as  to:
      (1)  the  existence  of  each  authorized  committee  authorized by such
      candidate that has not been terminated, (2) whether any  such  committee
      also  has  been  authorized  by  any  other  candidate,  and  (3) if the
      candidate has authorized  more  than  one  authorized  committee,  which
      authorized  committee  has  been  designated  by  the  candidate  as the
      candidate's principal committee  for  the  election(s)  covered  by  the
      candidate's  certification;  provided, that such principal committee (a)
      shall be the only committee authorized  by  such  candidate  to  aid  or
      otherwise  take  part  in  the  election(s)  covered  by the candidate's
      certification, (b) shall not be an authorized  committee  of  any  other
      candidate,  and  (c)  shall not have been authorized or otherwise active
      for any election prior to the election(s)  covered  by  the  candidate's
      certification.  The use of an entity other than the designated principal
      committee to aid or otherwise take part in the  election(s)  covered  by
      the  candidate's  certification shall be a violation of this section and
      shall trigger the application to such entity of all provisions  of  this
      chapter governing principal committees.
        (b)  A  limited  participating  candidate  and  his  or  her principal
      committee shall comply with the provisions of paragraphs (d), (e),  (g),
      (i),  and  (o)  of  subdivision one, and subdivisions six, six-a, eight,
      nine, ten, and twelve of section 3-703 of this chapter.
        (c) A  limited  participating  candidate  and  his  or  her  principal
      committee  shall not accept, at any time before or after the filing of a
      certification pursuant to paragraph  (a)  of  this  subdivision,  either
      directly  or  by  transfer, any monetary or in-kind contribution, or any
      loan, guarantee, or other security for such loan made in connection with
      such  candidate's  nomination  for  election  or  election,  except  for
      monetary  contributions  from  the  candidate  to  his  or her principal
      committee  made  out  of  the  candidate's   personal   funds,   in-kind
      contributions  made  by the candidate to his or her principal committee,
      and advances received pursuant to subparagraph (d) of this paragraph.
        (d) A  limited  participating  candidate  and  his  or  her  principal
      committee  shall make expenditures in furtherance of the election(s) for
      which the candidate has filed a certification pursuant to paragraph  (a)
    
      of  this  subdivision,  whether  before  or  after  the  filing  of such
      certification, only with contributions received pursuant to subparagraph
      (c) of this paragraph and, to the extent permitted by  rule  promulgated
      by  the  board  pursuant  hereto,  advances by the limited participating
      candidate.
        (e) A limited  participating  candidate,  together  with  his  or  her
      principal  committee, shall not make expenditures which in the aggregate
      exceed the applicable  expenditure  limitations  set  forth  in  section
      3-706.
        (f)  Neither  a  limited  participating  candidate  nor  an authorized
      committee of a limited participating  candidate  shall  be  eligible  to
      receive public funds pursuant to section 3-705.
        (g)  If  a limited participating candidate is a candidate for the same
      office for which he or she filed a certification pursuant  to  paragraph
      (a)  of this subdivision in any other election held in the same calendar
      year as the election for which such candidate filed such  certification,
      other  than  a  special  election  to fill a vacancy, he or she shall be
      bound in each such other election by the provisions of this section.
        (h) A candidate who files a certification pursuant to paragraph (a) of
      this subsection shall not be eligible to file a  certification  pursuant
      to section 3-703.
        (i)  Notwithstanding  any  limitations  in  this  chapter,  a  limited
      participating candidate may contribute to his or her own nomination  for
      election or election with his or her personal funds or property, in-kind
      contributions  made by the candidate to his or her authorized committees
      with the candidate's personal funds or property, and  advances  made  by
      the  limited participating candidate with the candidate's personal funds
      or property. A candidate's personal funds or property shall include  his
      or  her  funds or property jointly held with his or her spouse, domestic
      partner, or unemancipated children, but shall not include other personal
      funds  or  property  of  his  or  her  spouse,   domestic   partner   or
      unemancipated children.