Special Election for Council District 28

The Mayor has called a special election to be held on November 2, 2010 to fill the vacancy in Council District 28. This is a nonpartisan election to fill the seat until the regularly scheduled elections are held in fall of 2011. This page gives an overview of the steps you need to take to run for this office and provides links to the forms you will need. You should also contact the Candidate Services Unit (CSU) at 212-306-7100 for assistance.

Candidates Who Already Opened a Committee for 2013

Candidates who already have been raising funds for the 2013 elections may use their existing committee and bank account in the special election provided they amend their registration with the Board of Elections to reflect the change in election.

Candidates Who Are Just Getting Started

If you do not have a committee opened for the 2013 elections and are opening a brand new committee for the special election, you must:

1. Obtain an EIN, which allows the campaign to open a committee bank account, using an application you can download from the IRS website (Keyword: SS‑4).
2. Open a bank account in the committee's name.
3. Authorize the committee with the New York City BOE and New York State BOE. You will need to download the following three forms to open your committee with the New York City and New York State Boards of Elections:
   
   Committee Designation of Treasurer and Depository
   Committee Statement of Authorization or Non-Authorization by Candidates
   Candidate Committee Authorization and Non-Expenditure Statement
   

Note: Campaigns that wish to be eligible to receive public funds can only open one committee per election cycle.

All Candidates: Registering with the CFB and Joining the Campaign Finance Program

All candidates in the special election must register with the CFB and file disclosure statements.  To register with the CFB without joining the Campaign Finance Program, candidates must submit a Filer Registration (before the candidate files any disclosure statements with the CFB).  Candidates who want to join the Program and be eligible to receive public matching funds must submit a Certification (in lieu of a Filer Registration) to the CFB on or before September 7, 2010.  Late Certifications will not be accepted.  Candidates may withdraw from the Program if they submit a rescission on or before the Certification deadline.

Contribution Limits

The contribution limit for the special election is $1,375.  If a campaign received contributions greater than the $1,375 limit on or before August 30, 2010, it must, without penalty, refund the excess portion (over $1,375) to the contributor. Refunds must be issued with a certified bank check before September 27, 2010.

Spending Limit

Participants in the Campaign Finance Program have a spending limit of $168,000 for the special election (non-participating candidates do not have a spending limit). Remember, all expenditures made before the special election, including those originally intended to be for the 2013 elections, will be presumed to be made for this special election and will count toward the spending limit for this election. Also, only expenditures made in the election year can be paid for with public funds.

Public Disclosure Requirements

All candidates must file disclosure statements with the CFB as soon as the campaign has any financial activity, even if the campaign does not wish to receive public matching funds.  All financial transactions must be entered into C-SMART (Candidate Software for Managing and Reporting Transactions) which will be provided to the campaign by the CFB free of charge.  The software produces all the required disclosure statements for the CFB and the State BOE. Campaigns who are claiming contributions for match must also provide the CFB with backup documentation for each disclosure statement. 

Please see “A Step-by-Step Guide to Filing Day” and the complete schedule of 2010B disclosure statement deadlines.  In order for a statement to be considered on time, the disclosure statement and, if applicable, backup documentation must be in the CFB’s offices by close of business on the disclosure statement due date (if the campaign chooses to hand deliver the statement or files over the Internet) or postmarked by midnight of the due date if the campaign is sending the statement via first class mail.  Important: Both the disclosure statement and backup documentation must be received by the CFB on or before close of business of the disclosure deadline if the campaign wishes to receive a public funds payment within the four-day turnaround period.

Qualifying for Public Funds

To be eligible to receive public matching funds, campaigns must:

• Submit a Certification on or before September 7, 2010.
• Meet a two-part threshold: raise $5,000 in matchable contributions from individual New York City residents and receive matchable contributions of $10 or more from at least 75 individuals living within Council District 28.
• Be in compliance with the Campaign Finance Act and Campaign Finance Board Rules.
• Be on the ballot and have an opponent on the ballot
• Submit a copy of the certification receipt indicating proof of compliance from the Conflicts of Interest Board (COIB) on or before October 1, 2010.

Trainings

Campaigns are required to send the candidate, treasurer, campaign manager, or an individual with significant managerial control over the campaign to a Compliance and C‑SMART training. If the campaign has not yet attended a training for the special election, please contact CSU at 212-306-7100 to register for an upcoming training.