§ 3-712 Campaigns for office not subject to this chapter.

Contributions, loans, guarantees and other security for such loans used and expenditures made toward the payment of liabilities incurred by a candidate in an election held prior to the effective date of this section or in a campaign for public office other than one covered by this chapter, shall not be subject to the requirements and limitations of this chapter.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/008, L.L. 1990/069, L.L. 2004/058, L.L. 2004/059 and L.L. 2004/060.

§ 3-713 Reports.

   1.   The campaign finance board shall review and evaluate the effect of this chapter upon the conduct of election campaigns in the city and shall submit a report to the mayor and the city council on or before September first, nineteen hundred ninety, and every fourth year thereafter, and at any other time upon the request of the mayor or the city council and at such other times as the board deems appropriate, containing:

      (a)   the number and names of candidates qualifying for and choosing to receive public funds pursuant to this chapter, and of candidates failing to qualify or otherwise not choosing to receive such funds, in each election during the four preceding calendar years;

      (b)   the amount of public funds provided to the principal committee of each candidate pursuant to this chapter and the contributions received and expenditures made by each such candidate and the principal committee of such candidate, in each election during the four preceding calendar years;

      (c)   the number and names of candidates filing a certification pursuant to section 3-717 of this chapter in each election during the four preceding calendar years, together with the expenditures made by each such candidate and the principal committee of such candidate in each such election;

      (d)   the number and names of non-participating candidates in each election during the four preceding calendar years, together with the expenditures made by each such candidate and the authorized committees of such candidate in each such election;

      (e)   recommendations as to whether the provisions of this chapter governing maximum contribution amounts, thresholds for eligibility and expenditure limitations should be amended and setting forth the amount of, and reasons for, any amendments it recommends;

      (f)   analysis of the effect of this chapter on political campaigns, including its effect on the sources and amounts of private financing, the level of campaign expenditures, voter participation, the number of candidates and the candidates' ability to campaign effectively for public office;

      (g)   a review of the procedures utilized in providing public funds to candidates; and

      (h)   such recommendations for changes in this chapter as it deems appropriate.

   2.   For the report submitted in the year nineteen hundred ninety, the board also shall review any contributions made to candidates and authorized committees prior to the effective date of this chapter which exceed the amount of the maximum contribution applicable pursuant to paragraph (f) of subdivision one of section 3-703 and report as to whether such contributions were returned, expended or otherwise used and the purposes of such expenditures or other uses.

(Am. L.L. 2019/128, 7/14/2019, eff. 7/14/2019)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/008, L.L. 2003/012, L.L. 2004/058, L.L. 2004/059 and L.L. 2004/060.

§ 3-714 Construction.

Nothing in this chapter shall be construed to prohibit the making or receipt of contributions to the extent permitted by the election law or to permit the making or receipt of contributions otherwise prohibited.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/008.

§ 3-715 Joint campaign activities.

Nothing in this chapter shall be construed to restrict candidates from authorizing expenditures for joint campaign materials and other joint campaign activities, provided that the benefit each candidate derives from the joint material or activity is proportionally equivalent to the expenditures authorized by such candidate.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/069.

§ 3-716 Application of the contribution and expenditure limitations to certain political activities.

   1.   Nothing in this chapter shall be construed to restrict candidates or their agents from making appearances at events sponsored or paid for by persons, political committees, or other entities that are not in any way affiliated with such candidate or any agent of such candidate. The costs of such events shall not be considered contributions to or expenditures by such a candidate pursuant to this chapter solely because such an appearance is made; provided that this subdivision shall not apply to any event in relation to which contributions are solicited on behalf of such candidate.

   2.   The following activities in support of other candidates by a participating, or limited participating or non-participating candidate or his or her principal committee shall not be considered contributions to or expenditures by such participating, or limited participating or non-participating candidate or his or her principal committee, except to the extent such activities are paid for by such candidate or his or her principal committee for a covered election:

      (a)   The act alone of endorsing or appearing with another candidate for public office, party nomination or party position.

      (b)   The insubstantial communication of such endorsement or appearance described in paragraph (a), such as where the participating, or limited participating or non-participating candidate's name is one of several names appearing on the communication and is of equivalent prominence as the other names.

      (c)   Fundraising assistance to another candidate in the form of written communications that do not promote the participating, or limited participating or non-participating candidate, such as the appearance of the participating, or limited participating or non-participating candidate's name or signature on a letter soliciting funds for another candidate or the appearance of such participating, or limited participating or non-participating candidate's name on fundraising material where such participating, or limited participating or non-participating candidate's name appears alone or with other names and is of equivalent prominence as the other names.

      (d)   A typical communication by a political club to its members, which includes the name of a participating, or limited participating or non-participating candidate, provided that such candidate is already a member of the political club, the political club has fewer than 500 members, and the communication does not solicit funds on behalf of or otherwise promote such candidate's campaign for a covered election.

   3.   The communication of an endorsement or appearance which is not insubstantial under paragraph (b) of subdivision two, fundraising assistance which is promotional under paragraph (c) of subdivision two and a political club communication which does not meet the requirements of paragraph (d) of subdivision two, shall be contributions to and expenditures by the participating, or limited participating or non-participating candidate. Among the factors the board shall consider in determining the value of the contribution to and expenditure by the participating, or limited participating or non-participating candidate are the following factors:

      (a)   the focus of the communication;

      (b)   the geographical distribution or location of the communication;

      (c)   the subject matter of the communication;

      (d)   the references to the participating, or limited participating or non-participating candidate or the participating, or limited participating or non-participating candidate's appearances in the communication;

      (e)   the relative prominence of a participating, or limited participating or non-participating candidate's references or appearances in the communication, including the size and location of such references and any photographs of the participating, or limited participating or non-participating candidate; and

      (f)   the timing of the communication.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2003/012, L.L. 2004/058, L.L. 2004/059 and L.L. 2004/060.