Section 1051.
§ 1051. Department; board. There shall be a department of campaign
finance.
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.
§ 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.
§ 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.
§ 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.
* § 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.
§ 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.
§ 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.
§ 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.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.