§ 14-100 — Definitions

New York § 14-100

• Jurisdiction: New York
• Law ELN: Election
• Title 1: Campaign Receipts and Expenditures
• Art. 14: Campaign Receipts and Expenditures; Public Financing

Text

§ 14-100. Definitions. As used in this article: 1. "political\ncommittee" means any corporation aiding or promoting and any committee,\npolitical club or combination of one or more persons operating or\nco-operating to aid or to promote the success or defeat of a political\nparty or principle, or of any ballot proposal; or to aid or take part in\nthe election or defeat of a candidate for public office or to aid or\ntake part in the election or defeat of a candidate for nomination at a\nprimary election or convention, including all proceedings prior to such\nprimary election, or of a candidate for any party position voted for at\na primary election, or to aid or defeat the nomination by petition of an\nindependent candidate for public office; but nothing in this article\nshall apply to any committee or organization for the discussion or\nadvancement of political questions or principles without connection with\nany vote or to a national committee organized for the election of\npresidential or vice-presidential candidates; provided, however, that a\nperson or corporation making a contribution or contributions to a\ncandidate or a political committee which has filed pursuant to section\n14-118 shall not, by that fact alone, be deemed to be a political\ncommittee as herein defined.\n 2. "party committee" means any committee provided for in the rules of\nthe political party in accordance with section two-one hundred of this\nchapter, other than a constituted committee.\n 3. "constituted committee" means a state committee, a county committee\nor a duly constituted subcommittee of a county committee;\n 4. "duly constituted subcommittee of a county committee" means,\noutside the city of New York, a city, town or village committee, and,\nwithin the city of New York, an assembly district committee, which\nconsists of all county committee members from the city, town, village or\nassembly district, as the case may be, and only such members;\n 5. "non-candidate expenditures" means expenditures made by a party\ncommittee or a constituted committee to maintain a permanent\nheadquarters and staff and carry on ordinary party activities not\npromoting the candidacy of specific candidates;\n 6. "district" means the entire state or any part thereof, as the case\nmay be;\n 7. "candidate" means an individual who seeks nomination for election,\nor election, to any public office or party position to be voted for at a\nprimary, general or special or New York city community school district\nelection or election for trustee of the Long Island Power Authority,\nwhether or not the public office or party position has been specifically\nidentified at such time and whether or not such individual is nominated\nor elected, and, for purposes of this subdivision, an individual shall\nbe deemed to seek nomination for election, or election, to an office or\nposition, if he has (1) taken the action necessary to qualify himself\nfor nomination for election, or election, or (2) received contributions\nor made expenditures, given his consent for any other person to receive\ncontributions or make expenditures, with a view to bringing about his\nnomination for election, or election, to any office or position at any\ntime whether in the year in which such contributions or expenditures are\nmade or at any other time; and\n 8. "legislative leader" means any of the following: the speaker of the\nassembly; the minority leader of the assembly; the temporary president\nof the senate and the minority leader of the senate.\n 9. "contribution" means:\n (1) any gift, subscription, outstanding loan (to the extent provided\nfor in section 14-114 of this chapter), advance, or deposit of money or\nany thing of value, made in connection with the nomination for election,\nor election, of any candidate, or made to promote the success or defeat\nof a political party or principle, or of any ballot proposal,\n (2) any funds received by a political committee from another political\ncommittee to the extent such funds do not constitute a transfer,\n (3) any payment, by any person other than a candidate or a political\ncommittee authorized by the candidate, made in connection with the\nnomination for election or election of any candidate, including any\npayment or expenditure where coordination has occurred as defined in\nsection 14-107 of this article, or any payment made to promote the\nsuccess or defeat of a political party or principle, or of any ballot\nproposal including but not limited to compensation for the personal\nservices of any individual which are rendered in connection with a\ncandidate's election or nomination without charge; provided however,\nthat none of the foregoing shall be deemed a contribution if it is made,\ntaken or performed by a candidate or his spouse or by a person or a\npolitical committee independent of the candidate or his agents or\nauthorized political committees. For purposes of this article, the term\n"independent of the candidate or his agents or authorized political\ncommittees" shall mean that the candidate or his agents or authorized\npolitical committees did not authorize, request, suggest, foster or\ncooperate in any such activity; and provided further, that the term\ncontribution shall not include:\n (A) the value of services provided without compensation by individuals\nwho volunteer a portion or all of their time on behalf of a candidate or\npolitical committee,\n (B) the use of real or personal property and the cost of invitations,\nfood and beverages voluntarily provided by an individual to a candidate\nor political committee on the individual's residential premises for\ncandidate-related activities to the extent such services do not exceed\nfive hundred dollars in value, and\n (C) the travel expenses of any individual who on his own behalf\nvolunteers his personal services to any candidate or political committee\nto the extent such expenses are unreimbursed and do not exceed five\nhundred dollars in value.\n 10. "transfer" means any exchange of funds or any thing of value\nbetween political committees authorized by the same candidate and taking\npart solely in his campaign, or any exchange of funds between a party or\nconstituted committee and a candidate or any of his authorized political\ncommittees.\n 11. "election" means all general, special and primary elections, but\nshall not include elections provided for pursuant to the education law,\nspecial district elections, fire district elections or library district\nelections.\n 12. "clearly identified candidate" means that:\n (a) the name of the candidate involved appears;\n (b) a photograph or drawing of the candidate appears; or\n (c) the identity of the candidate is apparent by unambiguous\nreference.\n 13. "general public audience" means an audience composed of members of\nthe public, including a targeted subgroup of members of the public;\nprovided, however, it does not mean an audience solely comprised of\nmembers, retirees and staff of a labor organization or members of their\nhouseholds or an audience solely comprised of employees of a\ncorporation, unincorporated business entity or members of a business,\ntrade or professional association or organization.\n 14. "labor organization" means any organization of any kind which\nexists for the purpose, in whole or in part, of representing employees\nemployed within the state of New York in dealing with employers or\nemployer organizations or with a state government, or any political or\ncivil subdivision or other agency thereof, concerning terms and\nconditions of employment, grievances, labor disputes, or other matters\nincidental to the employment relationship. For the purposes of this\narticle, each local, parent national or parent international\norganization of a statewide labor organization, and each statewide\nfederation receiving dues from subsidiary labor organizations, shall be\nconsidered a separate labor organization.\n 15. "independent expenditure committee" means a political committee,\nthat makes only independent expenditures as defined in this article, and\ndoes not coordinate with a candidate, candidate's authorized committees\nor an agent of the candidate as defined in paragraph (g) of subdivision\none of section 14-107 of this article.\n For purposes of this section, an independent expenditure committee may\nbe created by a person, group of persons, corporation, unincorporated\nbusiness entity, labor organization or business, trade or professional\nassociation, or organization, or political committee.\n 16. "political action committee" means a political committee which\nmakes no expenditures to aid or take part in the election or defeat of a\ncandidate, or to promote the success or defeat of a ballot proposal,\nother than in the form of contributions, including in-kind\ncontributions, to candidates, candidate's authorized committees, party\ncommittees, constituted committees, or independent expenditure\ncommittees provided there is no common operational control between the\npolitical action committee and the independent expenditure committee; or\nin the form of communications that are not distributed to a general\npublic audience as described in subdivision thirteen of this section.\n For purposes of this paragraph, "common operational control" means\nthat (i) the same individual or individuals exercise actual and\nstrategic control over the day-to-day affairs of both the political\naction committee and the independent expenditure committee, or (ii)\nemployees of the political action committee and the independent\nexpenditure committee engage in communications related to the strategic\noperations of either committee.\n 17. "foreign national" means foreign national as such term is defined\nby subsection (b) of section 30121 of title 52 of the United States\ncode.\n