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1990-4: Requirements for 1990 Elections (City Council, 1st District)

May 04, 1990

The vacancy occurring in the City Council, district one, on March 27, 1990, will be filled for the remainder of the unexpired term at the general election to be held on November 6, 1990. New York City Charter §25(b) (2). Nominations to fill this vacancy may be made at a primary election scheduled for September 11, 1990. Id.

Candidates in these elections may choose to participate in the New York City Campaign Finance Program by filing candidate certification forms, regardless whether they chose to participate in the Program for the non-partisan special election to be held in district one on May 15, 1990 or whether they were candidates in that election. Under New York City Administrative Code §3-703(1) (c), the candidate certification for the primary and general elections1 must be filed not later than "the tenth day after the first filing of a sworn verified statement pursuant to section 14-112 of the New York election law that such candidate has authorized a committee to aid or take part in an election..." See also Advisory Opinion No. 1988-3, dated December 30, 1988. These dates cannot precede the date of the last preceding election for the office sought. Candidate certifications for the primary and general elections are therefore due not later than the earliest of the following dates:

1) May 25, 1990, in the case of candidates previously authorizing political committees, as indicated by statements filed with the Board of Elections prior to May 16, 1990; or

2) the tenth day following the day a statement indicating that the candidate has first authorized a political committee is filed with the Board of Elections; or

3) June 11, 1990, in the case of candidates for whom designating petitions are filed2; or

4) seven days after the candidate's nomination, if designating petitions are not filed on the candidate's behalf.

Administrative Code §3-703(1) (c).

As noted in Advisory Opinion No. 1990-2, dated March 30, 1990, a $2,200 contribution limit3 and a $66,000 expenditure limit, plus a $20,000 allowance for fundraising costs, are applicable in each election. For the 1990 primary and general elections in the first district, the principal committee treasurer must submit disclosure reports of contributions, loans, and expenditures to the Board on the following dates:

July 16, 1990
August 10, 19904
August 31, 19905
September 7, 19905
September 21, 1990
October 5, 1990
October 26, 1990
November 2, 1990
December 3, 1990

See Campaign Finance Board Rule 331(b).

The treasurer may file a statement in lieu of a disclosure report for any period in which no contributions or loans were received or expenditures were made. Lists of contributions and expenditures exceeding $1,000, and aggregate loans and loan guarantees in excess of $2,200, which are received or made in the last week of the election must be filed on a daily basis. See Campaign Finance Board Rules 332(b) (3); 342(b); 352(b).


1 A candidate who chooses to participate in a primary election is also bound by the Program requirements in the general election. Administrative Code §3-703(3).

2 June 9, 1990 is the "thirtieth day prior to the first day to file designating petitions" for nomination for City Council in the first district. Administrative Code §3-703(1) (c). Because June 9, 1990 is a Saturday, the Board will consider certifications that are hand-delivered at the Board's offices by close of business on Monday, June 11, 1990 to have met the applicable deadline.

3 If the contribution limit applicable in a primary election or the general election under New York Election Law §14-114 is less than $2,200, due to the number of voters registered or enrolled in a party in the first district, the lower State law limit becomes the limit applicable under the Campaign Finance Act. Administrative Code §3-703(1) (f).

4 Certain expenditures are exempt from the expenditure limits altogether. See Administrative Code §§3-706(5) (a); 3-712; Campaign Finance Board Rule 105(b).

5 Treasurers need not file reports on these dates if a City Council primary election is not held by any party in the first district. Campaign Finance Board Rule 331(c). The information otherwise required to be included in these reports would in that event be covered in the September 21, 1990 report. Id.