Chapter 46 - ELECTIONS AND VOTER ASSISTANCE

Section 1051.

Section 1051.

  §  1051.  Department;  board.  There shall be a department of campaign
finance.

Section 1052.

Section 1052.

  §  1052.  Campaign  finance  board.  a.   1. There shall be a campaign
finance board consisting of five members.   Two  members  of  the  board
shall  be  appointed  by the mayor, provided that not more than one such
member shall be enrolled in any one political  party,  and  two  members
shall be appointed by the speaker of the council, provided that not more
than  one  such member shall be enrolled in any one political party, and
one member, who shall be the chairperson,  shall  be  appointed  by  the
mayor  after  consultation  with the speaker. The members shall first be
appointed to serve as follows:
  (a) one member appointed by the speaker for a term of one year;
  (b) one member appointed by the mayor for a term of two years;
  (c) one member appointed by the speaker for a term of three years;
  (d) one member appointed by the mayor for a term of four years; and
  (e) the chairperson for a term of five years.
  The first  term  shall  commence  on  April  first,  nineteen  hundred
eighty-eight.  Thereafter,  each member shall be appointed, by the mayor
or the speaker, according to the original manner of appointment,  for  a
term  of five years that shall, for any term beginning on or after March
first two thousand eleven, commence on December first. Terms that  began
before,  and have not expired on, March first, two thousand eleven shall
be extended and shall expire on the November thirtieth  following  their
original  March  thirty-first  expiration  dates. Upon expiration of the
term of a member, if the mayor or the  speaker,  as  appropriate,  shall
fail  to  appoint  a  member  within  one  hundred  twenty  days  of the
expiration of such term, the member whose  term  has  expired  shall  be
deemed  appointed  for  an  additional  term  of  five  years, provided,
however, that if the expiration of such term occurs in a year  in  which
elections,  except special elections, covered by the voluntary system of
campaign finance reform are scheduled, the member whose term has expired
shall be deemed appointed for an additional term of five  years  if  the
mayor  or  the  speaker,  as appropriate, shall fail to appoint a member
within ninety days of the expiration of such term. In case of a  vacancy
in  the  office  of  a  member, a member shall be appointed to serve the
remainder of the unexpired term by the mayor or the  speaker,  according
to  the  original manner of appointment. If the mayor or the speaker, as
appropriate, shall fail to appoint a member within  one  hundred  eighty
days  of  such vacancy, then a member shall be appointed by the board to
serve for the remainder  of  the  unexpired  term,  if  additional  time
remains  in such term, provided, however, that if such vacancy occurs in
a year, or within ninety days prior  to  a  year,  in  which  elections,
except  special  elections,  covered by the voluntary system of campaign
finance reform are scheduled, then a member shall be  appointed  by  the
board  to  serve  for the remainder of the unexpired term, if additional
time remains in such term, if the mayor or the speaker, as  appropriate,
shall  fail  to  appoint  a  member  within ninety days of such vacancy.
Except for the chairperson, such member shall not  be  enrolled  in  the
same  political  party as the other member appointed by the official who
failed to so appoint. Each member shall  be  a  resident  of  the  city,
registered  to  vote  therein.  Each  member  shall  agree  not  to make
contributions to any candidate for nomination for election, or election,
to the office of mayor, public advocate, comptroller, borough president,
or member of the council which in the aggregate are  in  excess  of  the
maximum contribution applicable to such office pursuant to any local law
establishing  a  voluntary  system of campaign finance reform. No member
shall serve as an officer of a political party, or be  a  candidate,  or
participate in any capacity in a campaign by a candidate, for nomination
for  election  or  election  to  the  office  of mayor, public advocate,
comptroller, borough president or member of the city  council.  Officers

and employees of the city or any city agency, lobbyists required to file
a  statement  of  registration under section 3-213 of the administrative
code and the employees of such lobbyists shall not  be  eligible  to  be
members  of the board. In appointing members to the board, the mayor and
the  speaker  shall  consider  campaign  experience   in   general   and
particularly campaign experience with the New York city campaign finance
system.  Members  of  the  board  shall  be required to undergo training
developed pursuant to paragraph 14 of this section.
  2. The members of the board shall be compensated at the  rate  of  one
hundred dollars per calendar day when performing the work of the board.
  3.  The  board  may  employ  necessary  staff,  including an executive
director and a counsel,  and  make  necessary  expenditures  subject  to
appropriation.
  4.  No  member  of  the  campaign  finance board shall be removed from
office except for cause and upon notice and hearing.
  5. The board shall have the power to investigate all matters  relating
to the performance of its functions and any other matter relating to the
proper administration of any voluntary system of campaign finance reform
established  by  local law and for such purposes shall have the power to
require the attendance and examine and take the testimony under oath  of
such persons as it shall deem necessary and to require the production of
books,   accounts,   papers   and   other   evidence  relative  to  such
investigation.  Notwithstanding  any  other  provision   of   law,   the
investigative  and adjudicatory powers and functions of the staff to the
board shall be separate and no staff member of the board  shall  perform
both investigative and adjudicatory tasks or functions.
  6.  The  board  shall publicize, as it deems appropriate, the names of
candidates for nomination or election to the  office  of  mayor,  public
advocate,  comptroller,  borough  president, or city council who violate
any of the provisions of any voluntary system of campaign finance reform
established by local law.
  7. The board may render advisory opinions with  respect  to  questions
arising  under any local law establishing a voluntary system of campaign
finance reform. Such advisory opinions may be rendered  on  the  written
request of a candidate, an officer of a political committee or member of
the  public,  or  may be rendered on its own initiative. The board shall
make public its advisory opinions. The board shall develop a program for
informing candidates and the public as to the purpose and effect of  the
provisions   of   any   voluntary  system  of  campaign  finance  reform
established by local law.
  8. The board shall have the authority to  promulgate  such  rules  and
provide  such  forms as it deems necessary for the administration of any
voluntary system of campaign finance reform established  by  local  law.
The  board  shall  promulgate  regulations  concerning the form in which
contributions and expenditures are to be reported,  the  periods  during
which  such  reports  must  be  filed and the verification required. The
board  shall  require  the  filing  of  reports  of  contributions   and
expenditures   for   purposes   of   determining   compliance  with  any
contribution or  expenditure  limitations  provided  in  any  local  law
establishing  a  voluntary  system  of campaign finance reform, provided
that the schedule established by the board for such filings shall be  in
accordance  with  the schedule specified by the state board of elections
for the filing of campaign receipt and expenditure statements.
  9. The board shall develop a computer data base that shall contain all
information necessary for the  proper  administration  of  this  chapter
including information on contributions to and expenditures by candidates
and  their  authorized  committees  and distributions of moneys from the

campaign finance funds. Such  data  base  shall  be  accessible  to  the
public.
  10.  The board may take such other actions as are necessary and proper
to carry out the purposes of any  local  law  establishing  a  voluntary
system  of campaign finance reform. If at any time, the board determines
that the amount of money in any special fund or funds established by any
such local law, establishing a  voluntary  system  of  campaign  finance
reform,  to  fund  a  system  of  optional public campaign financing for
candidates abiding by the requirements of such law, is insufficient,  or
is  likely  to  be  insufficient,  for  payment  to  such  participating
candidates pursuant to such law, it shall report this  determination  to
the  commissioner  of finance, along with its estimate of the additional
amount which will be necessary to provide such participating  candidates
with  financing  pursuant  to  such  law and a detailed statement of the
assumptions and methodologies on which such estimate is based. Not  more
than  four  days after receiving such estimate and supporting materials,
the commissioner of finance shall  transfer  an  amount  equal  to  such
estimate from the general fund to such special fund or funds. All monies
transferred  to  such  special  fund  or  funds  shall not be considered
revenues of the city and payments from such fund or funds shall be  made
without appropriation and shall not be included in the expense budget of
the  city.  The  comptroller shall have custody of such fund or funds on
behalf of the board and shall have the power to  invest  the  monies  of
such  fund  or  funds  in  the manner in which the city is authorized to
invest its funds and shall deposit the monies of the fund  or  funds  in
such  deposit  banks  as  have been designated by the banking commission
pursuant to section fifteen hundred twenty-four  of  this  charter.  The
comptroller  shall  submit  monthly  reports  to the board regarding the
status of the fund or funds and more frequent  reports  when  the  board
requires.  Monies  of  the  fund  or  funds  shall  be  paid  out by the
comptroller only on warrant of the board.
  11. The board  shall  have  the  authority  to  implement  any  system
established  for the regulation of inauguration and transition donations
and expenditures including the promulgation of rules and regulations and
the imposition of any penalties related thereto, as  required  by  local
law.
  12.  (a)  The board shall require that candidates participating in the
voluntary system of campaign finance reform or candidates who  otherwise
file  disclosure  reports with the board shall disclose to the board the
acceptance of campaign contributions from individuals and entities doing
business with the city. The board shall  promulgate  such  rules  as  it
deems  necessary  to implement and administer this provision and provide
that information regarding such contributions shall be accessible to the
public. The board shall also promulgate such rules as it deems necessary
to regulate the acceptance by candidates participating in the  voluntary
system  of  campaign  finance  reform  of  campaign  contributions  from
individuals and entities doing business with the city,  including  rules
that  determine  which business dealings shall be covered by such rules.
Elected officials, city agencies, boards and commissions, including  the
mayor,  comptroller,  public  advocate,  borough  presidents,  the  city
council and members of the city council shall cooperate with  the  board
to  provide  to  the  board  such information about such individuals and
entities as the board shall require.
  (b) The board shall promulgate such rules as  it  deems  necessary  to
attribute  expenditures  that  indirectly  assist or benefit a candidate
participating in the voluntary system  of  campaign  finance  reform  as
in-kind contributions to such candidate.

  (c)  In promulgating rules pursuant to this paragraph, the board shall
consider the following criteria: (1) the effectiveness of the  voluntary
system of campaign finance reform, (2) the costs of such system, (3) the
maintenance  of  a reasonable balance between the burdens of such system
and the incentives to candidates to participate in such system.
  (d)  Any rules promulgated pursuant to this paragraph shall apply only
with respect to nomination for election, or election, to the  office  of
mayor, public advocate, comptroller, borough president, or member of the
city council.
  (e)  Proposed  rules  promulgated  pursuant to this paragraph shall be
published in accordance with  subdivision  b  of  section  one  thousand
forty-three  of  this  charter  no  later  than  December  thirty-first,
nineteen hundred ninety-nine. Final rules promulgated pursuant  to  this
paragraph  shall  be  adopted in accordance with such section as soon as
practicable thereafter. Final rules adopted in the initial  promulgation
of  rules  pursuant  to  this paragraph shall supersede any inconsistent
provisions of  the  administrative  code  that  are  in  effect  on  the
effective date of such final rules.
  13.  Notwithstanding  any  other  provision  of  law,  the board shall
prohibit candidates for offices  covered  by  the  voluntary  system  of
campaign finance reform from accepting, either directly or indirectly, a
campaign  contribution, loan, guarantee or other security for such loan,
from any corporation. The board shall promulgate such rules as it  deems
necessary to implement and administer this provision.
  14  a.  The  council  and  the mayor, in conjunction with the campaign
finance board, shall develop a curriculum to be used to train members of
the campaign finance board and staff. Such curriculum shall include  the
issues  and  problems confronted by campaigns for covered office and how
the application and enforcement of  the  city's  campaign  finance  laws
impacts these campaigns.
  15. (a) For purposes of this paragraph, the following terms shall have
the following meanings:
  (i)  "Independent  expenditure"  shall  mean  a  monetary  or  in-kind
expenditure made, or liability incurred, in support of or in  opposition
to  a  candidate  in  a covered election or municipal ballot proposal or
referendum, where no candidate, nor any  agent  or  political  committee
authorized   by  a  candidate,  has  authorized,  requested,  suggested,
fostered or cooperated in  any  such  activity.  The  term  "independent
expenditure" shall not include:
  (1) the value of services provided without compensation by individuals
who volunteer a portion or all of their time,
  (2)  the use of real or personal property and the cost of invitations,
food and beverages voluntarily provided by an individual, to the  extent
such services do not exceed five hundred dollars in value,
  (3) the travel expenses of any individual who on his or her own behalf
volunteers his or her personal services, to the extent such expenses are
unreimbursed and do not exceed five hundred dollars in value,
  (4) any expenditure made, or liability incurred, that is considered to
be  a contribution to a candidate under any provision of this charter or
local law, or under any rule promulgated by the board, and
  (5) any communication by a  labor  or  other  membership  organization
aimed  at  its  members,  or by a corporation aimed at its stockholders.
This  exemption  does  not  apply  to  party   committees,   constituted
committees,  political  clubs, or other entities organized primarily for
the purpose of influencing elections. For purposes of this subparagraph:
  (A) "member" shall mean (I) any individual who, pursuant to a specific
provision of an organization's articles or bylaws, has the right to vote
directly or indirectly for the election of a director or directors or an

officer or officers or on a disposition of all or substantially  all  of
the  assets of the organization or on a merger or on a dissolution; (II)
any individual who is designated in the articles or bylaws as  a  member
and,  pursuant  to a specific provision of an organization's articles or
bylaws, has the right to vote on changes to the articles or  bylaws,  or
pays  or  has  paid  membership  dues  in an amount predetermined by the
organization so long as the organization is  tax  exempt  under  section
501(c) of the Internal Revenue Code of 1986; or (III) any individual who
resides  within  the  same  household  as  a "member" as defined in this
paragraph;
  (B) members of a local union shall be considered to be members of  any
national  or  international union of which the local union is a part and
of any federation with which the local, national or international  union
is affiliated; and
  (C)   "stockholder"  shall  mean  any  individual  who  has  a  vested
beneficial interest in stock, has the power to  direct  how  that  stock
shall  be  voted,  if  it  is voting stock, and has the right to receive
dividends, or any individual who resides within the same household as  a
"stockholder" as defined in this paragraph.
  (6)  any  de  minimis,  incidental  communication  by a labor or other
membership   organization   or   corporation   with    non-members    or
non-stockholders,   provided   that   the   labor  or  other  membership
organization or corporation uses  reasonable  efforts  to  restrict  the
communication to its members or stockholders.
  (ii)  "Entity"  shall mean any corporation, limited liability company,
partnership,  limited  liability   partnership,   political   committee,
political  party  or  party  committee,  employee  organization or labor
organization, association, club, or other organization.
  (iii) "Covered election" shall  mean  any  primary,  run-off  primary,
special,   run-off  special  or  general  election  for  nomination  for
election,  or  election,  to  the  office  of  mayor,  public  advocate,
comptroller, borough president or member of the city council.
  (b)  Every  individual  and entity that makes independent expenditures
aggregating one thousand dollars or more in support of or in  opposition
to  any  candidate  in  any  covered  election,  or  in support of or in
opposition to any municipal ballot  proposal  or  referendum,  shall  be
required  to  disclose such expenditure to the board. In addition, every
entity that, in the twelve months preceding a  covered  election,  makes
independent  expenditures  aggregating  five thousand dollars or more in
support of or in opposition to any candidate  in  any  covered  election
shall disclose the identity of any entity that contributed to the entity
reporting  the expenditure, and any individual who, in the twelve months
preceding the covered election, contributed one thousand dollars or more
to the entity reporting the expenditure.
  (c) Any literature, advertisement or other communication in support of
or in opposition to any candidate in any covered election that  is  paid
for   by   an  individual  or  entity  making  independent  expenditures
aggregating one thousand dollars or more shall disclose the name of  any
individual or entity making the expenditure.
  (d)  The  board  may,  upon notice and opportunity to be heard, assess
civil penalties in an amount not in excess of ten thousand  dollars  for
each  violation  of this paragraph. The intentional or knowing violation
of this paragraph shall be punishable as a misdemeanor  in  addition  to
any other penalty provided under law.
  (e) The board shall promulgate rules concerning the form and manner in
which  independent  expenditures  are  to be reported and disclosed, the
information to be reported  and  disclosed,  the  periods  during  which
reports  must  be  filed, and the verification required. The board shall

promulgate such additional rules as it  deems  necessary  to  implement,
administer,  interpret  and  enforce this paragraph and shall provide in
such  rules  that  information  regarding  independent  expenditures  be
promptly  made  accessible  to  the  public  during the covered election
cycle.
  b. The board shall  take  such  actions  as  it  deems  necessary  and
appropriate  to improve public awareness of the candidates, proposals or
referenda in all elections in which there are  contested  elections  for
the  offices of mayor, public advocate, borough presidents, comptroller,
or city council or  ballot  proposals  or  referenda  pursuant  to  this
charter  or  the  municipal home rule law, including but not necessarily
limited to the publication of a  non-partisan,  impartial  voters  guide
providing information on candidates, ballot proposals and referenda, and
the  distribution  of  one copy of such guide to each household in which
there is at least one registered voter eligible to vote in the  election
involved.  In  any  year in which the board publishes a voters guide, if
the board  determines  that  the  amount  of  money  in  its  budget  is
insufficient  or  likely  to  be  insufficient  for  the publication and
distribution of the voters guide, it shall report such determination  to
the  director  of  the  office  of  management  and  budget,  who, after
consultation with the board, shall, without an  appropriation,  transfer
to  the  board  a reasonable amount, as the director shall determine, to
cover the cost of publishing and distributing the voters guide.
  c. The board shall, not later than March tenth of each  year,  approve
and  submit  to  the  mayor detailed itemized estimates of the financial
needs of the campaign finance board for the ensuing  fiscal  year.  Such
estimates  shall  be  comprised of at least one personal service unit of
appropriation and at least one  other  than  personal  service  unit  of
appropriation.  The  mayor shall include such estimates in the executive
budget without revision, but with such recommendations as the mayor  may
deem  proper.  Upon  inclusion  in  the  executive  budget,  the  budget
submitted by the campaign finance board shall  be  adopted  pursuant  to
such  provisions of chapter ten of this charter as are applicable to the
operating budget of the council.
  d. The board may take such other actions as are necessary  and  proper
to  carry  out  any  other  authority the city council shall give to the
board in any local law, including the promulgation of any rules and  the
provision of any forms.
  e.  The  board  shall  take  such  actions  as  it deems necessary and
appropriate to encourage, promote, and facilitate voter registration and
voting by all residents of New York  City  who  are  eligible  to  vote,
including,   but   not  necessarily  limited  to  the  employment  of  a
coordinator of voter assistance and other  necessary  staff.  The  board
shall have authority to promulgate rules in order to implement the voter
assistance  provisions  of  this  chapter,  except  that  any rules with
respect to city agency  operations  concerning  voter  registration  and
voting,  including  but  not  limited  to  implementation of section one
thousand fifty-seven-a, shall be promulgated  in  conjunction  with  the
office of the mayor through its office of operations.

Section 1053.

Section 1053.

  §  1053.  Voters guide. Each voters guide published by the board shall
contain: (a) material explaining the date and  hours  during  which  the
polls  will  be open for that election; when, where, and how to register
to vote; when a citizen is required to reregister; when, where, and  how
absentee  ballots  are  obtained  and used; instructions on how to vote;
maps showing the boundaries of council districts; and any other  general
information  on  voting deemed by the board to be necessary or useful to
the electorate or otherwise consistent with the goals of  this  chapter;
(b)  such  tables  of  contents, graphics, and other materials which the
board determines will make the voters guide easier to understand or more
useful for the average  voter;  (c)  biographical  information  on  each
candidate, including but not limited to name, party affiliation, present
and previous public offices held, present occupation and employer, prior
employment  and other public service experience, educational background,
and a listing of major organizational affiliations and endorsements; (d)
concise statements by each candidate of his or her principles,  platform
or  views;  and  (e)  where  there  is  a ballot proposal or referendum,
concise  statements  explaining  such  proposal  or  referendum  and  an
abstract  of  each  such  proposal  or  referendum.  The  guide shall be
prepared  in  plain  language  using  words  with  common  and  everyday
meanings.  No  later  than  the first day of January of nineteen hundred
eighty-nine, the board shall promulgate such rules as it deems necessary
for the preparation and publication of the guide in English, Spanish and
any  other  languages  the  board  determines  to   be   necessary   and
appropriate,  and for the distribution of the guide. The purpose of such
rules shall be to ensure that the guide and its distribution will  serve
to  fully, fairly and impartially inform the public about the issues and
candidates appearing on the ballot.

Section 1054.

Section 1054.

  § 1054. Voter assistance advisory committee. a. There shall be a voter
assistance  advisory  committee  consisting of nine members, which shall
assist the  board  with  its  duties  and  responsibilities  under  this
chapter,  including  but  not limited to overseeing the voter assistance
program established by this chapter. Two members shall be  appointed  by
the mayor, provided that not more than one such member shall be enrolled
in  any  one  political  party;  two  members  shall be appointed by the
speaker of the city council, provided that not more than one such member
shall be enrolled in any  one  political  party;  one  member  shall  be
appointed  by  the  comptroller;  one  member  shall be appointed by the
borough presidents acting together; and one member shall be appointed by
the mayor in consultation with the speaker and shall serve as chair.  In
addition,  the committee shall include the public advocate, or in his or
her absence, a representative, and the executive director of  the  board
of  elections  (or, in his or her absence, the deputy executive director
of the board of elections). In appointing members to the committee,  the
mayor,  speaker,  comptroller  and  borough  presidents  shall  consider
experience  with  groups   or   categories   of   residents   that   are
underrepresented  among those who vote or among those who are registered
to vote and community, voter registration, civil  rights,  and  disabled
groups.  The  appointed  members  shall  first  be appointed to serve as
follows:
  1. one member appointed by the speaker for a term of one year;
  2. one member appointed by the mayor for a term of two years;
  3. one member appointed by the speaker for a term of three years;
  4. one member appointed by the mayor for a term of four years;
  5. one member appointed by the comptroller for a term of four years;
  6. one member appointed by the borough presidents for a term  of  five
years; and
  7.  the chair, appointed by the mayor in consultation with the speaker
for a term of five years.
  Each term shall  commence  on  January  first,  two  thousand  eleven.
Thereafter,  each  member  shall  be  appointed for a term of five years
according to the original manner of appointment. Upon expiration of  the
term  of a member, if the appointing official or officials shall fail to
appoint a member within one hundred twenty days  of  the  expiration  of
such  term,  the member whose term has expired shall be deemed appointed
for an additional term of five years. In case of a vacancy in the office
of an appointed member, a member shall be appointed  to  serve  for  the
remainder  of  the  unexpired  term  according to the original manner of
appointment. For appointees of the mayor or speaker, such  member  shall
not  be  enrolled  in  the  same  political  party  as  the other member
appointed by the official making the appointment to  fill  the  vacancy.
Each member shall be a resident of the city, registered to vote therein.
No  member other than the public advocate shall serve as an officer of a
political party, or be a candidate, or participate in any capacity in  a
campaign  by a candidate, for nomination for election or election to the
office of mayor, public  advocate,  comptroller,  borough  president  or
member  of  the  city  council. The members of the committee shall serve
without compensation.
  b. The board, with the advice and assistance of the committee and  the
coordinator of voter assistance, shall:
  1.  encourage  and  facilitate  voter  registration  and voting by all
residents of New York City who  are  eligible  to  vote,  and  recommend
methods  to  increase  the  rate  of  registration  and  voting  by such
residents;
  2.  identify  groups  or  categories  of  such   residents   who   are
underrepresented  among  those registered and those voting and recommend

methods to increase the rate of voter registration and voting among such
groups and categories;
  3. consistent with all state and local laws, coordinate the activities
of  all  city  agencies  in  general and specialized efforts to increase
registration and voting including, but not limited to, the  distribution
of  forms  for  citizens who use or come in contact with the services of
city agencies and institutions;  mailings  by  city  agencies  to  reach
citizens;  cooperative  efforts  with  non-partisan  voter  registration
groups,  community  boards,  agencies  of  city,  state,   and   federal
governments,  and  entities  doing  business  in the city; publicity and
other efforts to educate youth about the importance  of  voting  and  to
encourage  eligible  youth  to  register  to  vote;  and  other outreach
programs;
  4. make such recommendations as it deems appropriate to the mayor, the
council, the borough presidents, and the board of  elections  for  steps
that  should be taken by such officials or bodies or by city agencies to
encourage and facilitate voter registration and voting by all  residents
of New York City who are eligible to vote;
  5. undertake, by itself or in cooperation with other public or private
entities,   activities   intended  to  encourage  and  facilitate  voter
registration and voting by all  residents  of  New  York  City  who  are
eligible  or  may become eligible to vote, including eligible voters who
are limited in English proficiency;
  6. prepare and publish reports, including, at the minimum,  an  annual
report  to  be  published  no  later  than April thirtieth in each year,
regarding voter registration and voter participation in New  York  City,
and  forward  copies  of  such  reports  to  the mayor, the council, the
borough presidents, and all other public officials with responsibilities
for policies, programs and appropriations related to voter  registration
and  voter  participation  in New York City and to private entities that
are currently or potentially involved in activities intended to increase
voter registration and voting. Such annual report shall include, but not
be limited to (a) a description of voter assistance activities  and  the
effectiveness  of  those activities in increasing voter registration and
voter  participation;  (b)  the  number  of  voter  registration   forms
distributed  by  the  programs  related  to  voter  assistance and voter
participation, the manner in which those forms were distributed and  the
estimated  number  of  persons  registered through the activities of the
programs; (c) the number and characteristics of citizens registered  and
unregistered  to  vote  during the previous primary, general and special
elections and for the most recent time period for which such information
is available; (d) the number and characteristics of citizens  who  voted
during the previous primary, general and special elections; (e) a review
and  analysis of voter registration and voter participation processes in
New  York  City  during  the  previous  year;  (f)  recommendations  for
increasing voter registration and voter participation; and (g) any other
information or analysis the board deems necessary and appropriate; and
  7. monitor voter registration and voting in New York City, and receive
citizen complaints regarding such processes.
  c.  The committee shall meet at least every other month. The committee
shall hold at least two public hearings each  year,  one  following  the
issuance  of the annual report, and the second between the day following
the  general  election  and  December  twenty-first,   regarding   voter
registration and voter participation in New York City. Any member of the
board may attend and participate in committee meetings and hearings.

Section 1056.

Section 1056.

  §  1056.  Cooperation  of  mayoral agencies. Heads of mayoral agencies
shall cooperate to the extent practicable with the  board  of  elections
and  the  campaign finance board and its coordinator of voter assistance
to improve public awareness of the candidates, proposals or referenda in
all elections in which there are contested elections held in the city of
New York for any city, county, state, or federal  office  and/or  ballot
proposals  or referenda pursuant to city, county, state, or federal law,
and to encourage voter registration and voting by all residents  of  the
city  of  New  York  eligible  to  vote.  Such cooperation shall include
providing  the  campaign  finance  board  with  appropriate  information
concerning  the  resources,  opportunities, and locations the agency can
provide for public awareness and voter assistance activities.

Section 1056-b.

Section 1056-b.

  * §  1056-b.  Posting  of  sample  ballots  online  by  the  board  of
elections.  The board of elections shall make available on its  website,
at  least one week before an election, sample ballots that adhere to the
requirements of section 7-118 of the election law.
  * NB Effective March 12, 2014

Section 1057.

Section 1057.

  §  1057.  Non-partisanship in program operations. The campaign finance
board and the voter assistance  advisory  committee  shall  conduct  all
their activities in a strictly non-partisan manner.

Section 1057-a.

Section 1057-a.

  § 1057-a. Agency based voter registration. Each agency designated as a
participating   agency  under  the  provisions  of  this  section  shall
implement and administer a program of distribution of voter registration
forms pursuant to the provisions of this section. The following  offices
are  hereby designated as participating voter registration agencies: The
administration for children's services, the  city  clerk,  the  civilian
complaint  review  board,  the  commission  on  human  rights, community
boards, the department of small business  services,  the  department  of
citywide  administrative  services,  the department of consumer affairs,
the  department  of  correction,   the   department   of   environmental
protection,  the  department  of  finance,  the department of health and
mental hygiene, the department of homeless services, the  department  of
housing  preservation  and  development,  the  department  of  parks and
recreation,  the  department  of  probation,  the  taxi  and   limousine
commission, the department of transportation and the department of youth
and  community  development.  Participating  agencies  shall  include  a
mandate in all new  or  renewed  agreements  with  those  subcontractors
having  regular  contact  with the public in the daily administration of
their  business  to  follow  the  guidelines  of  this   section.   Such
participating  agencies  shall  be  required to offer voter registration
forms to all persons together with written  applications  for  services,
renewal  or  recertification for services and change of address relating
to such services; provided however that this section shall not apply  to
services  that must be provided to prevent actual or potential danger to
the life, health, or safety of any individual or  of  the  public.  Such
agencies  may  provide  assistance  to  applicants  in  completing voter
registration forms, if so requested. Such agencies may  also,  in  their
discretion, receive and transmit the completed application form from any
applicants  who  wish  to  have  such  form  transmitted to the board of
elections for the city of New York.
  1. Participating agencies shall adopt such rules  and  regulations  as
may  be  necessary to implement this section. The campaign finance board
shall prepare and distribute to participating agencies written  advisory
agency  guidelines  as  to  the  implementation  of this section and may
establish training programs for  employees  of  participating  agencies;
provided  that  any  guidelines  promulgated  by  the  voter  assistance
commission prior to the effective date of this clause  shall  remain  in
effect  unless  further  amended or repealed by the board. Participating
agencies  may  consider  such  advisory   agency   guidelines   in   the
promulgation of their rules and regulations.
  2.   Participating   agencies   shall  provide  and  distribute  voter
registration forms to all persons together with written applications for
services, renewal or recertification for services and change of  address
relating  to such services; provided however that this section shall not
apply to services that must be provided to prevent actual  or  potential
danger  to  life,  health  or safety of any individual or of the public.
Participating agency staff may provide assistance  in  completing  these
distributed  voter  registration  forms,  if so requested. Participating
agencies shall also include a voter registration form  with  any  agency
communication  sent  through  the  United States mail for the purpose of
supplying clients  with  application,  renewal  or  recertification  for
services  and  change  of  address  relating to such services materials.
Participating agencies shall also incorporate an opportunity to  request
a  voter  registration  application  into  any application for services,
renewal or recertification for services and change of  address  relating
to  such  services provided on computer terminals, the World Wide Web or
the Internet. Any person indicating that they wish to be  sent  a  voter
registration  form,  via  computer  terminals, the World Wide Web or the

Internet shall be sent such a  form  by  the  participating  agency,  or
directed to a bank on that system where such a form may be downloaded.
  3. Participating agencies shall also:
  a. at the earliest practicable or next regularly scheduled printing of
their  forms,  physically  incorporate the voter registration forms with
their  own  application  forms  in  a  manner  that  permits  the  voter
registration  portion to be detached therefrom. Until such time when the
agency amends its form, each agency should affix or  include  a  postage
paid board of elections for the city of New York voter registration form
to  or  with  its  application,  renewal,  recertification and change of
address forms;
  b. use the board of elections of the city  of  New  York  coded  voter
registration  forms  which  designate  such  forms  as  originating from
participating agencies: and
  c. transmit any completed forms collected in their discretion  to  the
board  of  elections  of  the  city  of New York within two weeks of the
receipt of such completed  forms  at  the  participating  agency.  If  a
completed  form  is  accepted  within  five days before the last day for
registration to vote in a citywide election, such completed  form  shall
be  transmitted by the participating agency to the board of elections of
the city of New York  not  later  than  five  days  after  the  date  of
acceptance.
  4.  All persons seeking voter registration forms and information shall
be advised in writing together with other written materials provided  by
agencies  or  by  appropriate publicity that government services are not
conditioned on being registered to vote. No statement shall be made  nor
any  action taken by an agency employee to discourage the applicant from
registering to vote or to enroll in any particular political party.
  5. The completion of the voter registration form by  an  applicant  is
voluntary.
  6.  Employees of a participating agency who provide voter registration
assistance shall not:
  a. seek to influence an  applicant's  political  preference  or  party
designation;
  b. display any political preference or party allegiance;
  c.  make  any statement to an applicant or take any action the purpose
or effect of which is to discourage the applicant  from  registering  to
vote; or
  d.  make  any statement to an applicant or take any action the purpose
or effect of which is to lead the applicant to believe that  a  decision
to  register  or  not to register has any bearing on the availability of
services or benefits.
  7. Each participating agency, department,  division  and  office  that
makes  available  voter  registration  forms  shall  prominently display
promotional materials designed and approved by the  board  of  elections
for  the  city  of New York or state board of elections for use in state
agency programs.

Section 1057-b.

Section 1057-b.

  §  1057-b. Designating and independent nominating petitions; number of
signatures. a. The number of signatures  required  for  any  designating
petition  or  independent  nominating  petition  for  the designation or
nomination of a candidate for an elected office of  the  city  shall  be
governed  by  applicable  provisions of the New York state election law,
except that in no event shall the number of signatures  required  exceed
the following limits:
  (1)  for  the offices of mayor, comptroller, or public advocate, three
thousand seven hundred fifty signatures;
  (2) for the office of borough president, two thousand signatures; and
  (3) for the office of member of the city council, four  hundred  fifty
signatures.
  b. (1) The following provisions of the election law shall not apply to
the extent that they govern the designation or independent nomination of
mayor,  comptroller,  public  advocate,  member of the city council, and
borough president: paragraphs (a), (b), and (c-1) of subdivision two  of
section   6-136  (designating  petitions;  number  of  signatures);  and
paragraphs (b), (c), and (d-1)  of  subdivision  two  of  section  6-142
(independent  nominations;  number  of signatures). Section 6-100 of the
election law shall apply,  except  to  the  extent  that  provisions  of
article six of the election law are inapplicable in accordance with this
section.
  (2)  Any  other  provisions that from time to time may be added to the
election law and that relate to the matters covered by the provisions of
the election law that are inapplicable in accordance with  this  section
shall similarly not apply to the extent that they govern the designation
or nomination of such officers.
  (3) References to provisions of the election law in this section shall
be deemed to refer to any successors to such provisions.