Section 3-801. Transition and inauguration donations and expenses  


Latest version.
  • 1.
      Candidates elected to the office of mayor, public advocate, comptroller,
      borough president, or member of the city council may  authorize  one  or
      more  entities,  other  than  a  political committee, for the purpose of
      accepting  donations  and  loans,  and  for  making  expenditures,   for
      transition or inauguration into office. Such donations and loans may not
      be  accepted  and  such  expenditures  may  not be made on behalf of the
      candidate prior to the registration with the campaign finance  board  of
      each  such  entity. The campaign finance board shall promulgate rules to
      establish the time and manner for such registration.
        2. Candidates  elected  to  the  office  of  mayor,  public  advocate,
      comptroller,  borough  president, or member of the city council, and the
      entities they authorize pursuant to subdivision  one  of  this  section,
      shall:
        (a)  not use funds accepted by a political committee authorized by the
      candidate for any  election  to  make  expenditures  for  transition  or
      inauguration  into office, and shall not transfer funds from a political
      committee to an entity the candidate is required to register pursuant to
      subdivision one of this section;
        (b) not accept any donation or donations of money, goods, or  services
      from  any  individual,  political  committee,  employee organization, or
      entity which in the aggregate exceeds:
        (i) four thousand five hundred dollars, in the  case  of  a  candidate
      elected to the office of mayor, public advocate, or comptroller;
        (ii)  three  thousand five hundred dollars, in the case of a candidate
      elected to the office of borough president; or
        (iii) two thousand five hundred dollars, in the case  of  a  candidate
      elected to the office of member of the city council;
        (c)  not  incur any liabilities after January thirty-first in the year
      following the election, nor accept any donations after  all  liabilities
      are paid; and
        (d)  not accept any donation or donations of money, goods, or services
      from any  corporation,  limited  liability  company,  limited  liability
      partnership  or  partnership  not  permitted  to  contribute pursuant to
      paragraph (1) of subdivision 1 of section 3-703 or from any person whose
      name appears in the doing business database  as  of  the  date  of  such
      donation; provided, however, that this limitation on donations shall not
      apply  to any donation to a transition or inauguration entity authorized
      pursuant to subdivision one of this section made by a natural person who
      has business dealings with the city where  such  donation  is  from  the
      candidate-elect  or  from the candidate-elect's parent, spouse, domestic
      partner, sibling, child,  grandchild,  aunt,  uncle,  cousin,  niece  or
      nephew by blood or by marriage.
        3. Donations that do not exceed the limitations set forth in paragraph
      (b) of subdivision 2 of this section may be accepted only from political
      committees  that  register  with the campaign finance board, as shall be
      provided for in rules issued by such board. Any donation accepted from a
      political committee that has not registered  with  the  board  prior  to
      making  the  donation  must  be  returned  to  the  political committee.
      However, a  subsequent  donation  may  be  accepted  if  such  political
      committee  registers  with the board in accordance with the rules issued
      by the board.
        4.  To  the  extent  not  repaid  by  the  date  of  the   candidate's
      inauguration into office, a loan received by such entity shall be deemed
      a donation subject to the limits and restrictions set forth in paragraph
      (b) of subdivision 2 and subdivision 3 of this section.
        5.  (a) Each transition and inauguration entity authorized pursuant to
      subdivision one of this section shall report  to  the  campaign  finance
    
      board  every  donation  of money, goods, or services, and every loan, it
      receives, the full name, residential address, occupation, employer,  and
      business address of each individual, corporation, partnership, political
      committee,  employee  organization  or other entity making or serving as
      the intermediary for such donation or loan,  and  every  expenditure  it
      makes.
        (b)  Donations  aggregating not more than ninety-nine dollars from any
      one  donor  need  not  be  separately  itemized  in  disclosure  reports
      submitted  to  the  campaign finance board. The treasurer of such entity
      need not collect or  disclose  the  occupation,  employer,  or  business
      address  of  any  donor  making  donations  aggregating  not  more  than
      ninety-nine dollars.
        (c) Disclosure reports shall be submitted at such times  and  in  such
      form  as  the  campaign finance board shall require and shall be clearly
      legible. The campaign finance board shall make available to the public a
      copy of these disclosure reports within two business days after they are
      accepted by the campaign finance board.
        6. The final disclosure report submitted  by  such  entity  shall  set
      forth  the  disposition of any funds remaining after all liabilities are
      paid, after which the entity shall be terminated. If an entity has funds
      remaining after all liabilities have been paid, it  shall  return  those
      funds   to   one  or  more  of  the  entity's  donors,  or  if  that  is
      impracticable, to the New York city election campaign finance fund.
        7. Entities required to be registered pursuant to subdivision  one  of
      this  section  shall  not  incur  liabilities  for  purposes  other than
      transition or inauguration into office.
        8. This section shall apply to every candidate elected to  the  office
      of  mayor, public advocate, comptroller, borough president, or member of
      the city council, regardless whether  such  candidate  filed  a  written
      certification pursuant to section 3-703 of this code.
        9.  For  purposes  of  this  chapter,  the  terms  "intermediary"  and
      "political committee" shall have such  meanings  as  are  set  forth  in
      section 3-702 of this code.
        10.  Notwithstanding  any restriction in this section, a candidate may
      self-fund his or her own entity.