Advisory Opinions Index by Subject

Each Advisory Opinion is based on the relevant statutory and regulatory provisions in effect at the time the Advisory Opinion was adopted.  The New York City Campaign Finance Act and the Rules of the New York City Campaign Finance Board have been amended several times since many of the Board’s advisory opinions were issued.  You should consult the most current versions of the Act and Rules to ensure that the reasoning and conclusions of an Advisory Opinion are still applicable, or contact the Board’s Legal Unit at (212) 306-7100.

Advisory Opinions by Keyword | Advisory Opinions Index by Year

Bonus Provisions

application of 2009-4
triggering 2009-4

Campaign Finance Board

appointments to 1998-2

Candidate

advertising

contact information in 2007-6
websites 2007-6

appearances by 1989-18, 1989-26, 1989-34, 1989-36, 1989-37, 1993-6, 2001-2

ballot status

of candidate 1989-46, 1989-47, 1997-3, 1997-11, 2001-11
of opponent 1989-50, 1997-4, 1997-11, 1999-9
write-in candidates 1989-44, 1997-11, 1999-9

candidate’s home, use of 1989-11
concurrent campaign 2000-7, 2003-1, 2003-2
contributions by 1989-43, 1990-3, 2001-2, 2007-6, 2008-2
federal office 1996-2, 2007-4
nonparticipating candidate financial activity of 1989-45, 1993-7
office sought, change in 1993-7, 1997-6, 2008-7, 2009-2, 2009-8, 2010-1
party nomination 1989-24, 1991-5, 1997-13
“testing the waters” 1989-9
“ticket” with another candidate 1993-10, 1997-9
transition into office, inauguration 1989-55, 1989-57, 1992-1

Contribution

art auction proceeds 1989-20
candidate appearance, due to 1989-18, 1989-26, 1989-34, 1989-36, 1989-37, 1993-6, 2001-2
carry over to later election 1988-6, 2008-7, 2009-2, 2009-8, 2010-1
debate sponsor, made by 1993-11
equipment loan 1989-25
fair market value of 1990-5, 2003-1, 2007-5
federal campaign, allocation to 1996-2, 2007-4

home, use of

candidate’s 1989-11
individual’s 1989-12

in-kind 2003-1, 2007-5
interest earned 1989-7, 2001-5
intermediary, made by 2008-6
joint contributions 1989-5
legal services 2001-8, 2003-1
limited liability company, from 1999-4, 2001-6

limits

affiliated contributors 1989-38, 1989-52, 1992-2
contributions covered by 1997-6, 1997-9, 2000-1, 2001-12, 2007-6, 2008-7, 2009-2, 2009-8, 2010-1, 2010-3
excessive contributions 1993-8, 1999-1
funds raised to repay old debts 1999-2
joint fundraising 1997-9

loans

anticipation of public funds 1989-42
post-election 1989-49
run-off primary 1997-2, 1997-10, 1999-1
transfer attribution 1998-1, 1999-3, 1999-7

matchable contributions 1989-16, 1989-32, 1989-43, 1990-1, 1991-2, 1991-4, 1991-6, 1993-1, 1993-2, 1994-2, 1994-3, 1999-3, 1999-7, 2001-9, 2007-6, 2008-7, 2009-2, 2009-8, 2010-1

partnership, from 2001-6

periodic

by credit card 1994-2
by electronic funds transfer 1994-2

political committee, from established by corporation 1999-6
post-election expenditures, use for 1989-51, 1999-2

prohibitions

corporations, from 1998-2, 1999-3, 1999-6, 2010-1
LLCs, LLPs, partnerships, from 2010-1
unregistered political committees, from 1999-3

public service campaign 1993-9, 1997-2, 1997-10, 1999-1, 2007-6
record keeping for 2000-3
run-off election 1997-2, 1997-10, 1999-1, 2001-1, 2001-3, 2001-10, 2001-11, 2005-2, 2008-5, 2009-5, 2009-6
services, compensation for 1989-8, 2001-8, 2003-1, 2007-5
solicitation by 800 number 1993-1
volunteers 2003-1, 2007-5

 

Debate

alternative non-partisan forum 1997-7, 1997-8
ballot status for 1997-3, 2001-11
candidate defeated in primary, not campaigning in general election 1997-13

requirements for holding

only one candidate leading contender 1997-7
in Program in primary 1997-5

run-off primary 1997-10, 2001-11

sponsor contribution from 1993-11

endorsements by 1997-1

Disclosure

Board of Elections filings

generally 1989-17
non-participating candidates, of 1989-45, 1993-7

City and federal campaigns, allocation between 1996-2, 2007-4
contemporaneous before joining the Program 1994-3, 1999-7
contributor information 1989-31
intermediary information 2008-6
general election, statements for 1989-47
matchable contributions, for 1989-16
pre-effective date 1989-19

previous election

expenditures for 1993-2
threshold, for 1989-16

Doing Business

Contributions 2010-3

Contribution Limits

Run-Off Primary 2009-5, 2009-6

Election

ballot referendum 2003-2
bonus provisions 2009-4
court ordered re-run primary 1991-7, 1991-8
delayed primary 2001-12
run-off primary

anticipation of 1997-2, 1997-10, 1999-1, 2001-1, 2001-3, 2001-10, 2001-11, 2005-2, 2008-5, 2009-5, 2009-6
not held 1989-46, 1997-10

special election requirements 1990-2, 1990-4, 1991-1, 1992-3, 1994-1, 1995-1, 2000-6, 2007-2, 2008-3, 2009-1, 2009-3, 2010-2
threshold met by uncontested candidate 1991-2
two-year election cycle 2002-1

write-in candidate

Program limits 1989-44
public funds 1989-44, 1997-11, 1999-9

Expenditure

advertising 2007-6
ballot proposal, on 1989-53, 1999-10, 2000-1, 2003-2
bonus provisions 2009-4
campaign-related 2007-3
coordination 2009-7
election-related 1993-9, 1993-10, 2001-5, 2003-2
federal election allocation to 1996-2, 2007-4

government resources, use of 1989-1, 1989-27, 1993-5, 2000-1, 2006-1, 2007-6

campaign literature at stationary site 2007-1
electronic/e-mail communications 2007-1
independent 1989-26, 1991-5, 1993-10, 2001-4
jointly with another candidate, made 1989-35, 1993-10
joint fundraising, for 1997-9
journal advertisement, for 1997-12

independent 2009-7

limitation

attribution of fundraising costs 2005-1, 2008-7, 2009-2, 2009-8, 2010-1

attribution to 1988-1, 1988-2, 1989-2, 1989-3, 1989-4, 1989-22, 1992-1, 1993-3, 1993-4, 1997-2, 1997-6, 1997-10, 2000-1, 2002-1, 2005-1, 2008-7, 2009-2, 2009-8, 2010-1
exemption from 1989-15, 1989-28, 1989-33, 1989-40, 1989-41, 1989-54, 1991-3, 1996-1, 1996-3, 2001-5, 2001-12, 2005-3, 2008-4

fundraising allowance for cost of 1989-14, 1989-30

event cost, as in-kind contribution/expenditure 1989-6, 2001-2
total raised not limited 1988-5

high-spending non-participant 2005-1 2009-4

non-campaign-related, 2007-3, 2007-6
non-independent 2009-7

primary election

anticipated 1989-21, 1993-3, 1993-4
bonus provisions 2009-4
candidate not in primary 1988-4, 1993-3
delayed primary 2001-12
run-off primary anticipated 1997-2, 1997-10, 1999-1, 2001-1, 2001-3, 2001-10, 2001-11, 2005-2

political party committee

made by 1991-5
made to 1989-41

post-election 2007-3, 2007-6, 2008-4

post-election audit, preparation for 2008-4

previous election debt, for 1993-2

post-election 1989-56, 1992-1, 1996-3, 1997-13, 1997-14

Speaker's race 2008-2
third party 2009-7
“testing the waters” 1989-9
two-year election cycle 2002-1

Intermediary 1989-10, 1993-1, 2008-6

Joining the Campaign Finance Program

deadline for 1988-3, 1999-3, 1999-7, 1999-8

Loan

anticipation of public funds, in 1989-42, 1990-3
“bridge loan” from future election committee 1998-1
candidate, by 1990-3
equipment loan as contribution 1989-25

matchable contribution converting loan into 1989-39

political party, to 1989-41
post-election 1989-49

Political Committee

ballot referendum 2003-2
contributions to 2001-2
corporation, established by 1999-6
federal office, for 1996-2, 2007-4
future election, presumption about relation to 1993-12, 1999-5, 1999-10, 2000-7, 2003-1, 2007-4, 2008-7, 2009-2, 2009-8, 2010-1
joint fundraising with 2001-2
political action committee, under candidate’s authority 1999-10, 2000-1, 2001-4, 2003-2
political party, of 1991-5
previous election 1993-2, 1999-5, 2003-3, 2009-8, 2010-1
registration 1999-6
State legislative office, for 1999-7

Public Funds

payment

attribution to election 1991-6
deductions for contributions made 1999-10
delayed primary 2001-12
journal advertisements 1997-12

previous election debts 1993-2, 2003-3

run-off primary 1997-10, 2001-11

repayment 1998-1

threshold 2001-9, 2008-1

transfers 1993-2, 1997-6, 1998-1, 2009-8, 2010-1

rate of 1998-2
run-off primary not held 1997-10
unopposed on ballot 1989-50, 1997-4, 1997-11, 1999-9

unspent campaign funds, return of 1989-56, 1992-1, 1997-6, 1997-13, 1997-14, 1998-1, 2003-3, 2007-3

use of 1989-13, 1989-23, 1989-29, 1989-48, 1993-3, 1998-1, 2007-6

Transfer

“bridge loan” from another committee 1998-1
federal committee, to and from 1996-2, 2007-4
from committee active in previous election 2009-8, 2010-1
misdeposited funds 1990-6

non-covered committee, from 1999-3, 1999-7

attribution of 1998-1, 1999-3

prohibited 1993-2, 1993-8
public funds payments, deduction from 1993-2, 1997-6, 1998-1
runoff account, to and from 2001-7

Websites

contact information in 2007-6

APPENDIX A
CFB Legal Unit Annotations to CFB Advisory Opinions

Advisory Opinion Annotation
1988-3 SUPERSEDED
1988-4 Codified in Rule 1-08(c)(2)(i),(ii)
1988-6 SUPERSEDED
1989-1 See also Charter §1136.1, added by Local Law No. 40 of 1998
1989-2 SUPERSEDED in part
1989-3 SUPERSEDED in part
1989-4 SUPERSEDED
1989-9 SUPERSEDED in part
1989-10 Modified in part by Rules 1-02, 3-03(c)(7)(ii)
1989-12 SUPERSEDED in part
1989-13 SUPERSEDED
1989-14 SUPERSEDED
1989-15 SUPERSEDED
1989-16 SUPERSEDED
1989-17 SUPERSEDED
1989-18 Modified by Administrative Code §3-716, added by Local Law No. 48 of 1998
1989-19 SUPERSEDED
1989-20 SUPERSEDED in part; modified in part by Rule 2-06
1989-21 Codified in Rule 1-08(c)(2)(iii), (iv)
1989-22 SUPERSEDED in part
1989-23 SUPERSEDED
1989-24 Codified in Rule 1-08(c)(2)(v)
1989-26 Modified by Administrative Code §3-716, added by Local Law No. 48 of 1998
1989-27 See also Charter §1136.1, added by Local Law No. 40 of 1998
1989-29 SUPERSEDED
1989-30 SUPERSEDED
1989-31 SUPERSEDED
1989-32 SUPERSEDED
1989-33 SUPERSEDED
1989-34 Modified in part by Administrative Code §3-716, added by Local Law No. 48 of 1998
1989-35 Codified in Administrative Code §3-715, added by Local Law No. 69 of 1990
1989-36 Modified in part by Administrative Code §3-716, added by Local Law No. 48 of 1998
1989-37 Modified in part by Administrative Code §3-716, added by Local Law No. 48 of 1998
1989-38 SUPERSEDED in part; codified in part in Rule 1-04(h)
1989-39 SUPERSEDED in part; codifed in part in Rule 3-04(d)
1989-42 Overruled by repeal of Rule 1-05(f)
1989-44 SUPERSEDED in part; modified in part by Rule 1-08(c)(2)(ii)
1989-45 Modified by Rule 7-03(c)
1989-46 Modified in part by Administrative Code §3-703(1)(f); see also Rule 2-06(c)
1989-47 Codified in Rule 3-02(f)(2)
1989-48 SUPERSEDED
1989-49 Codified in Rule 1-05(g)
1989-51 SUPERSEDED
1989-52 SUPERSEDED
1989-53 SUPERSEDED in part; see also Advisory Opinion No. 1999-10 (fn. 2) and Rule 3-10
1989-54 SUPERSEDED
1989-55 SUPERSEDED
1989-56 Codified in Rule 5-03(e)(2)(ii)
1989-57 SUPERSEDED
1990-1 SUPERSEDED in part
1990-2 SUPERSEDED
1990-3 Analysis of Advisory Opinion No. 1989-42 and bridge loans overruled by repeal of Rule 1-05(f)
1990-4 SUPERSEDED
1991-3 SUPERSEDED
1991-5 Modified by Rule 1-08(f)(4)
1991-6 Codified in Rule 5-01(l)
1991-7 Codified in part in Rule 2-06(f)
1991-8 Codified in Rule 1-04(o)
1992-1 SUPERSEDED in part; modified in part by Rules 1-04(f), 1-08(c)(1), (d)(1), 1-08(e) (repealed), and 5-03(e)(2)(ii); Transition expense analysis superseded by Local Law Nos. 39 of 1998 and 58 of 2004
1992-3 Codified in part in Rules 1-08(c)(4), 3-02(b)
1993-1 Codified and SUPERSEDED in part by Rules 4-01(b) and 3-04(a)
1993-2 Superseded in part by amendments to §3-703(1)(e), and other related amendments, contained in Local Law No. 12 of 2003
1993-3 Codified in Rule 1-08(c)(2)(iii)
1993-5 See also Charter §1136.1, added by Local Law No. 40 of 1998; superseded in part by amendments to Charter §1136.1 contained in Local Law No. 58 of 2004
1993-6 SUPERSEDED in part
1993-8 Modified by Rules 1-03(b), 1-04(q), 2-06(c)
1993-10 Codified in and superseded in part by amendments to Administrative Code §3-716 contained in Local Law No. 12 of 2003 and Rules 1-08(f)(5) and 1-08(h)
1994-1 Codified in part in Rules 1-08(c)(4), 3-02(b)
1994-2 Codified in part and superseded in part by Rules 4-01(b)(6) and 3-04(a); employment information analysis superseded in part by amendments to Administrative Code §3-703(6) contained in Local Law No. 58 of 2004
1994-3 Analysis of Administrative Code §3-703(12) superseded in part by amendments to that subdivision contained in Local Law No. 12 of 2003
1996-1 Superseded in part by amendments to Administrative Code §3-706(4) contained in Local Law No. 12 of 2003 and Rule 1-08(l)
1996-2 Codified in part in Rule 2-06(b); modified by Rules 1-04(n) and 3-03(c)(10)
1996-3 Modified in part by Rule 1-08(d)(1)
1997-3 SUPERSEDED by Rule 5-01(q).
1997-4 Codified in part in Rule 5-02(b)
1997-5 Eligibility criteria for debate participation by non-participants superseded by amendments to Administrative Code §3-709.5 contained in Local Law No. 58 of 2004
1997-7 Superseded in part by amendments to Administrative Code §3-709.5 contained in Local Law No. 58 of 2004
1997-8 Superseded in part by amendments to Administrative Code §3-709.5 contained in Local Law No. 58 of 2004
1997-9 Codified in Rule 1-04(p)(2)
1997-11 SUPERSEDED
1997-12 Codified in and superseded in part by Administrative Code §3-705(8) contained in Local Law No. 12 of 2003 and Rule 5-01(n)
1997-13 Superseded in part in Rule 5-03(e)(2)(ii)
1997-14 Superseded by Rule 5-03(e)(2)(ii)
1998-1 Bridge loan exception to contributions limits overruled by repeal of Rule 1-05(f)
1999-1 Codified in Rules 1-04(q), 2-06(c)
1999-2 Superseded by Administrative Code §3-717 contained in Local Law No. 12 of 2003
1999-3 Superseded in part by amendments to Administrative Code §3-703(14) contained in Local Law No. 58 of 2004 and amendments to Rule 1-07(c)
1999-9 Codified in amendments to Administrative Code §3-703(5) contained in Local Law No. 58 of 2004 and amendments to Rule 5-01(q)
2000-4 Superseded in part by amendments to Charter §1136.1 contained in Local Law No. 58 of 2004
2000-5 Codified in part and superseded in part by amendments to Administrative Code §3-801 contained in Local Law No. 58 of 2004 and amendments to Rules 11-03(c), 11-04(a), (b), (e), (f), (g) and 11-05(e)
2001-2 Superseded in part by amendments to Administrative Code §3-716 contained in Local Law No. 12 of 2003 and by amendments to Rules 1-08(h) and 1-04(p)(1)
2001-4 Analysis of Rule 1-04 (p)(1) overruled in part by amendments to that rule
2001-6 Modified and codified by amendments to Rule 1-04(h)
2001-9 Codified in Administrative Code §3-702(3) as amended by Local Law 12 of 2003 and Rule 3-04(a)
2002-1 Rule 1-08(j) analysis superseded in part by amendments to that rule
2003-2 Codified in part by amendments to Rule 1-08(g)(2)(xvi)
2003-3 Codified in part by amendments to Administrative Code §3-703(1)(n) contained in Local Law No. 58 of 2004 and amendments to Rule 5-01(f)(3)

Advisory Opinions Index