Section 1052. Campaign finance board.
(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 the 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 following: (i) the identity of any entity that, on or after the first day of the calendar year preceding the covered election, contributed to the entity reporting the expenditure, and the owners, partners, board members, and officers, or their equivalents, of such contributing entity, or, if no individuals exist in any such roles, the name of at least one individual who exercises control over the activities of such contributing entity; (ii) the identity of any entity or individual who, in the twelve months preceding the covered election, contributed twenty-five thousand dollars or more to any entity that, in the twelve months preceding the covered election, contributed fifty thousand dollars or more to the entity reporting the expenditure; and (iii) the identity of 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, in addition to any applicable disclosure requirements in state law, disclose information as follows:
(i) on any written, typed, or printed communication, or on any internet text or graphical advertisement, in a conspicuous size and style, the words “Paid for by” followed by the name of the individual or the name of the entity, the name of its owner, if any, and the name of its chief executive officer or equivalent, if any, and, following the words “Top Three Donors,” a list of the three largest aggregate donors to such entity in the twelve months preceding the election, except that no donor that contributed less than five thousand dollars to the disclosing entity in the twelve months preceding the election shall be included in such disclosure, and except that if such entity has only one or two donors that contributed at least five thousand dollars the words “Top Three Donors” shall be replaced by the words “Top Donor” or “Top Donors” as applicable, and except that expenditures funded by an individual or where no such donors exist need not include the words “Top Three Donors” or a list of donors, and except that this clause shall not apply to communications required to include a disclosure pursuant to subdivision sixteen of section 3-703 of the administrative code. If the third largest donor to the disclosing entity has donated the same amount in the twelve months preceding the election as the fourth largest donor during such period, such entity may choose which three donors to include so long as no donor is included that has donated less in the twelve months preceding the election than any other donor that is not included. Such written disclosures shall further include, in a conspicuous size and style, the following words: “More information at nyc.gov/FollowTheMoney.” The board may, at its discretion, designate a website other than nyc.gov/FollowTheMoney as the website that must be included in such disclosure. All disclosures required by this clause shall be enclosed in a box within the borders of the communication or advertisement that contains only those disclosures required by this subparagraph, the rules of the board, the election law, or any other applicable law or rule. For the purposes of this clause, the “owner” of an entity shall be an individual or entity with a greater than fifty percent ownership interest in such entity. The disclosures required by this clause shall not apply to bumper stickers, pins, buttons, pens, and similar small items upon which such disclosures cannot be reasonably printed;
(ii) on any paid television advertisement or paid internet video advertisement, clearly spoken in a pitch and tone substantially similar to the rest of the advertisement, at the beginning or end of the advertisement, the words “paid for by” followed by the name of the individual or the name of the entity, and, in a conspicuous size and style simultaneous with such spoken disclosure, the written words “Paid for by” followed by the name of the individual or the name of the entity, followed by the words “The top three donors to the organization responsible for this advertisement are,” followed by a list of the three largest aggregate donors to such entity in the twelve months preceding the election, except that no donor that contributed less than five thousand dollars to the disclosing entity in the twelve months preceding the election shall be included in such disclosure, and except that if such entity has only one or two donors that contributed at least five thousand dollars the words “top three donors” shall be replaced by the words “top donor” or “top donors” as applicable, and except that expenditures funded by an individual or where no such donors exist need not include the words “The top three donors to the organization responsible for this advertisement are” or a list of donors, and except that this clause shall not apply to communications required to include a disclosure pursuant to subdivision sixteen of section 3-703 of the administrative code. If the third largest donor to the disclosing entity has donated the same amount in the twelve months preceding the election as the fourth largest donor during such period, such entity may choose which three donors to include so long as no donor is included that has donated less in the twelve months preceding the election than any other donor that is not included. Such written disclosures shall further include, in a conspicuous size and style, the following words: “More information at nyc.gov/FollowTheMoney.” The board may, at its discretion, designate a website other than nyc.gov/FollowTheMoney as the website that must be included in such disclosure. All written disclosures required by this clause shall be enclosed in a box that contains only those disclosures required by this subparagraph, the rules of the board, the election law, or any other applicable law or rule;
(iii) in any paid radio advertisement, paid internet audio advertisement, or automated telephone call, clearly spoken in a pitch and tone substantially similar to the rest of the advertisement or call, at the end of the advertisement or call, the words “paid for by” followed by the name of the individual or the name of the entity, followed by the words “with funding provided by,” followed by a list of the three largest aggregate donors to such entity in the twelve months preceding the election, except that no donor that contributed less than five thousand dollars to the disclosing entity in the twelve months preceding the election shall be included in such disclosure, and except that expenditures funded by an individual or where no such donors exist need not include the words “with funding provided by” or a list of donors, and except that this clause shall not apply to communications required to include a disclosure pursuant to subdivision sixteen of section 3-703 of the administrative code. If the third largest donor to the disclosing entity has donated the same amount in the twelve months preceding the election as the fourth largest donor during such period, such entity may choose which three donors to include so long as no donor is included that has donated less in the twelve months preceding the election than any other donor that is not included. In the case of a radio or internet audio advertisement covered by this clause that is thirty seconds in duration or shorter, the clearly spoken words “more information at nyc.gov/FollowTheMoney” may be included in a pitch and tone substantially similar to the rest of the advertisement, instead of the words “with funding provided by” followed by a list of the three largest aggregate donors in the twelve months preceding the election. The board may, at its discretion, designate a website other than nyc.gov/FollowTheMoney as the website that must be included in such disclosure; and
(iv) in any non-automated telephone call, clearly spoken during any such call lasting longer than ten seconds, the words “this call is paid for by,” followed by the name of the individual or the name of the entity, followed by the words “more information is available at nyc.gov/FollowTheMoney.” The board may, at its discretion, designate a website other than nyc.gov/FollowTheMoney as the website that must be included in such disclosure.
(v) For communications primarily in languages other than English for which disclosure is required under this subparagraph, such disclosure shall be in the primary language of the communication instead of English, except that the web address nyc.gov/FollowTheMoney, or such other website as the board has designated, if required to be written or spoken in such disclosure, shall be in English.
(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.
16. [Repealed.].
17. [Repealed.].
18. [Repealed.].
19. [Repealed.].
20. [Repealed.].
21. [Repealed.].
22. [Repealed.].
2. The board shall also take such actions as it deems necessary and appropriate to improve public awareness of the candidates in all other contested elections held in the city of New York for any city, county, state, or federal office or ballot proposals or referenda pursuant to city, county, state, or federal law, including but not necessarily limited to the publication of a non-partisan, impartial voter guide in at least one media format providing information on such candidates, ballot proposals or referenda. The board shall coordinate with other agencies in general and specialized efforts to improve public awareness of such candidates, proposals, or referenda.
3. In any year in which the board publishes a voter guide pursuant to paragraph 1 of this subdivision, 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 such 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 such guide; provided however, that for any election in any district in which (i) there are no contested elections for the office of mayor, public advocate, borough president, comptroller or city council, and (ii) there has been no administrative action, or determination of a court of final, competent jurisdiction, to include a ballot proposal or referendum at such election sixty days or more prior to the date of such election, the board shall not publish or distribute a printed copy of such guide, but shall instead make available to the public on its website information to the extent practicable regarding any proposal or referendum that is to be included on the ballot.
Section 1053. Voter guide.
1. 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; information on the political subdivisions applicable to a particular citizen’s address; 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 charter;
2. such tables of contents, graphics, and other materials which the board determines will make the voter guide easier to understand or more useful for the average voter;
3. 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, a listing of major organizational affiliations and endorsements, and a concise statement by each candidate of his or her principles, platform or views;
4. where there is a ballot proposal or referendum, concise statements explaining such proposal or referendum and an abstract of each such proposal or referendum; and
5. For a voter guide mailed in connection with the citywide primary and general elections held every four years, such voter guide shall include for each registered voter a list of the primary and general elections held over the previous four calendar years for which, according to the records of the board of elections, such voter was registered to vote and whether such voter voted in each such election. Such information may be printed separately from such voter guide, provided that it is included with the mailing of such voter guide.
Section 1054. Voter assistance advisory committee.
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.
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; the development and distribution of guidance for agencies designated as participating agencies pursuant to section 1057-a on the voting rights of formerly incarcerated persons; 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 and incarcerated or formerly incarcerated persons who are or may become eligible to vote;
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, including the number of voter registration application forms received and transmitted to the New York city board of elections during the preceding calendar year pursuant to section 1057-f, both in total and disaggregated for the website and mobile application; (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, including data on usage and visitation for the website and mobile application required pursuant to section 1057-f; (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.
8. conduct yearly trainings for all relevant staff of the department of correction. Such training shall include, at minimum, information on voting laws for currently and formerly incarcerated individuals in the state of New York, voter registration procedures, absentee voting, and determining eligibility to vote.
Section 1055. Coordinator of voter assistance. [Repealed]
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. 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.
Section 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. 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 business integrity commission, the city clerk, the civilian complaint review board, the commission on human rights, community boards, the department of small business services, the department for the aging, the department of citywide administrative services, the department of city planning, the department of consumer affairs, the department of correction, the department of cultural affairs, 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 department of records and information services, the taxi and limousine commission, the department of transportation, the department of youth and community development, the fire department, and the human resources administration. 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, in the same language as such application, renewal, recertification or change of address form where practicable; 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 shall provide assistance to applicants in completing voter registration forms, including the section of the form allowing for registration to become an organ donor, and in cases in which such an agency would provide assistance with its own form, such agency shall provide the same degree of assistance with regard to the voter registration and organ donor forms as is provided with regard to the completion of its own form, if so requested. As part of such assistance, such agencies shall also, upon request by an applicant who identifies himself or herself as being on parole and when practically feasible, check publicly available information to inform such applicant if a restoration of their right to vote has been granted, provided that such assistance may be provided by a person other than the person to whom the request was made and further provided that such assistance shall not be considered an endorsement of the accuracy of any publicly available information not maintained by the city. Such agencies shall also receive and transmit the completed application form from any applicants who request to have such form transmitted to the board of elections for the city of New York.
a. by December 1, 2015, or at the next regularly scheduled printing of their forms, whichever is earlier, 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 voter registration forms that contain a code assigned by the board of elections of the city of New York which designate such forms as originating from participating agencies; and
c. transmit any completed forms collected by such agency 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 collected 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, provided, however, that notwithstanding any other provision of this section, any agency subject to the requirements of section 5-211 of the election law shall be governed only by the timeframes for transmission of such forms to the board of elections set forth in such section.
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.
10.* The department of correction shall, in addition to the other requirements of this section for participating agencies, distribute to every person upon release from custody of the department a written notice on the voting rights of formerly incarcerated persons in the state of New York, including information on when such persons are or may become eligible to vote, and offer to every such person a voter registration form. The department shall make verbal reference to the distributed written notice and voter registration form to such individuals upon distribution. Such notice shall only be required for those who are released from a department facility, from department custody within a courthouse, and from a department-operated area within a hospital or healthcare provider. Notice is not required for those who are released to the custody of another government agency or to the custody of a hospital or healthcare provider. Such written notice shall be developed in consultation with the voter assistance advisory committee.
Section 1057-b. Designating and independent nominating petitions; number of signatures.
(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.
(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.
Section 1057-c. Notice at former poll sites.
On the day of any primary, special, or general election, prior to the opening of the polls, the board of elections in the city of New York shall post a notice on or near the main entrance or entrances of each building that was used as a poll site in any primary, special, or general election in any of the prior four calendar years, but which is not being used as a poll site for the election being held on such day, unless the owner of such building objects to such notice being posted. Such notice shall only be required at former poll sites that covered one or more election districts in which an election is being held on such day. Such notice shall include, but not be limited to: (i) a statement that the building is not in use as a poll site for such election, (ii) the address or addresses of the poll site or sites that are being used for such election, accompanied by a list of the election districts being served at each such poll site; (iii) the website for the official poll site locator of the board of elections in the city of New York; and (iv) a phone number of the board of elections in the city of New York that may be called for poll site information.
Section 1057-d. Notifications to voters.
(1) notification of the dates and hours of such election, as well as the applicable poll site location, and any changes thereto, for such voter, sent ten business days prior to such date, and on election day;
(2) notification of the dates, hours, locations, and eligibility requirements for casting an in-person absentee ballot sent on the first day of in-person absentee voting for such election;
(3) notification of the deadline for submission of a mailed absentee voting application for such election, sent ten business days prior to such deadline; and
(4) for e-mailed notifications only, distribution to such voter of an applicable sample ballot, or a link to such sample ballot, for such election, sent within two business days of such sample ballot being posted online.
(1) on voter registration forms;
(2) on the board’s website;
(3) by collecting e-mail addresses at events promoting voter registration, voter participation, and any other events or meetings the board deems appropriate;
(4) in all mailings to registered voters by directing recipients of such mailings to the board’s website; and
(5) by any other means that the board determines would facilitate the collection of e-mail addresses of registered or prospective New York city voters.
Section 1057-e. Voter information portal.
The board of elections in the city of New York shall provide a secure website and mobile application that shall not require the user to create an account, but shall, through methods determined by the board, require verification that the user is accessing his or her own record. The information presented in such website and mobile application shall be updated with any applicable changes no less frequently than daily. Such website and mobile application shall include, but not be limited to, the following functionality:
a. allowing any registered voter who has submitted an application for an absentee ballot, or who otherwise has a right to receive an absentee ballot, for an upcoming election pursuant to the election law to view the current status of their absentee application and absentee ballot. Such website and mobile application shall indicate for each such voter whether the board of elections in the city of New York has:
(1) received such voter’s request for an absentee ballot, if applicable;
(2) approved or rejected such request, if applicable, and, if rejected, a brief statement of the reason for rejection;
(3) mailed or delivered an absentee ballot to such voter for such upcoming election, and shall include the ability for such voter to see the status of a mailed absentee ballot by United States postal service intelligent mail barcode or successor technology;
(4) received such voter’s completed absentee ballot for such upcoming election; and
(5) determined that such voter’s completed absentee ballot was invalid, and, if such a finding was made, a brief statement of the reason.
b. allowing the user to view his or her registration status, including but not limited to:
(1) active status, with the inclusion of the date on which the user’s status became active;
(2) inactive status, with a brief explanation of what this status means and why the user is categorized as such; and
(3) purged, with a brief explanation of what this status means and why the user is categorized as such.
c. allowing any registered voter to view the party for which they are a registered member, if any.
d. allowing the user to view the federal, state, and local election districts in which such user resides.
e. informing any registered voter whether they are required to bring any form of identification to vote and, if so, which form of identification.
f. allowing the user to view which elections held over, at a minimum, the previous four calendar years for which the records of the board of elections in the city of New York indicate:
(1) that such user was registered to vote; and
(2) for such elections, whether such user voted and whether such user did not vote.
g. allowing the user to view, if applicable, the address at which the user was previously registered to vote.
h. through such communication methods as determined by the board of elections in the city of New York, providing any registered voter with the option to receive alerts including, but not limited to, a change in their registration status.
i. allowing the user to access existing online resources including, but not limited to, resources allowing such user to:
(1) register to vote;
(2) update registration information;
(3) view sample ballots;
(4) look up polling place locations;
(5) look up voting hours;
(6) sign up as a poll worker; and
(7) view the voter guide.
Section 1057-f. Online voter registration.
Section 1057-g. Ranked choice voting for certain primary elections and elections for which nominations were made by independent nominating petitions.
Batch elimination. The term “batch elimination” means the simultaneous elimination of multiple candidates whose election is mathematically impossible.
Continuing ballot. The term “continuing ballot” means a ballot that is not an exhausted ballot.
Continuing candidate. The term “continuing candidate” means any candidate who has not been eliminated.
Election is mathematically impossible. The term “election is mathematically impossible” applies to a candidate who cannot be elected because such candidate’s vote total in a round, plus all votes that could possibly be transferred to such candidate in future rounds from candidates who received a fewer or an equal number of votes, would not be enough to surpass that of the candidate with the next highest vote total in such round.
Exhausted ballot. The term “exhausted ballot” means a ballot in which all ranked candidates have been eliminated, or a ballot that assigns equal rank to two or more candidates and all candidates with higher ranks than the rank assigned to two or more candidates are eliminated.
Highest rank. The term “highest rank” refers to the highest rank whether that be rank number 1, rank number 2, rank number 3, rank number 4, or rank number 5.
Last place candidate. The term “last place candidate” means a continuing candidate with the fewest votes in a round.
Rank. The term “rank” means the number assigned on a ballot by a voter to a candidate to express the voter’s preference for that candidate. Rank number 1 is the highest ranking, rank number 2 is the next highest ranking, and so on.
Ranked choice election. The term “ranked choice election” means any primary election for a ranked choice office, and any election for a ranked choice office in which all candidates are nominated by independent nominating petition.
Ranked choice office. The term “ranked choice office” means the offices of mayor, public advocate, comptroller, borough president, and council member.
Ranked choice voting. The term “ranked choice voting” means the method of casting and tabulating votes in which voters rank candidates in order of preference, tabulation proceeds in rounds in which last place candidates are eliminated, and the candidate with the most votes in the final round is elected.
1. Sections 6-150 and 6-152 shall apply to ranked choice elections, except that where such sections refer to a candidate’s receipt of a plurality of votes cast, such sections shall be deemed to refer instead to a candidate’s election, or nomination, respectively, pursuant to this section.
2. Section 6-162 shall not apply to ranked choice elections.
3. Either subparagraph (a) or (b) shall apply depending on the conditions described in each such subparagraph.
(a) In the event that A. 2682-A / S. 2300-A from the 2019-2020 New York state legislative session that would enact the voter friendly ballot act does not become law, paragraph (c) of subdivision 3 of section 7-104; subdivisions 5 and 8 of section 7-106; paragraph (c) of subdivision 2 of section 7-114; and paragraph (d) of subdivision 1, and paragraph (c) of subdivision 2 of section 7-122 are superseded with respect to ranked choice elections, and ballots to which these provisions would otherwise apply shall be designed pursuant to subdivision d of this section.
(b) In the event A. 2682-A / S. 2300-A from the 2019-2020 New York state legislative session that would enact the voter friendly ballot act becomes law, thus amending the election law, paragraph (d) of subdivision 3, and subdivisions 13, 17 and 20 of section 7-104; and paragraph (b) of subdivision 1 of section 7-122 are superseded with respect to ranked choice elections, and ballots to which these provisions would otherwise apply shall be designed pursuant to subdivision d of this section.
4. Paragraph b of subdivision 1 of section 8-100 shall not apply to ranked choice elections.
5. Section 9-100 shall apply to ranked choice elections, except that the requirement that canvass be completed shall be deemed to be a canvass completed under Article 9 of the Election Law as modified by this section.
6. Section 9-102 shall apply to ranked choice elections, except that the requirement that ballots be hand counted pursuant to subdivisions 1 or 1-a, as applicable, 2, and 3 of such section is superseded to the extent that it is not required pursuant to the rules promulgated by the board of elections in the city of New York pursuant to subdivision g of this section of the charter; and except that with respect to reading, announcing, or making a proclamation of results, and with respect to the hand tallying of votes, such requirements shall be deemed to mean reading, announcing, or proclaiming the results of the tally of the number of ballots that marked each candidate as rank number 1 for that ranked choice office; and except that reference to “total of the votes cast” on portable memory devices shall mean the record of how each ballot ranked each candidate for a ranked choice office in a ranked choice election.
7. Subdivision 2 of section 9-110 is superseded with respect to ranked choice elections, and ballots to which it would otherwise apply shall be hand counted in accordance with the rules promulgated by the board of elections in the city of New York pursuant to subdivision g of this section of the charter.
8. Section 9-112 shall apply to ranked choice elections, except that references to votes for candidates or other persons shall be deemed to be references to a vote, or the counting of a vote, in a round of tabulation pursuant to this section of the charter if the applicable election is a ranked choice election; and except that subdivisions 4 and 6 of section 9-112 are superseded to the extent that voters are permitted to rank multiple candidates as provided by this section of the charter.
9. Section 9-114 shall apply to ranked choice elections, except that, to the extent a ballot subject to an objection has been counted under such section, the memorandum of the ruling shall indicate “Counted for (naming the candidate who is ranked as the highest rank on such ballot).”
10. Section 9-116 shall apply to ranked choice elections, except that, with respect to tallying and the total number of votes for a ranked choice office, the requirements of section 9-116 shall be deemed to refer to the number of ballots that marked each candidate as rank number 1 for that ranked choice office.
11. Section 9-120 shall apply to ranked choice elections, except that references to the number of votes for candidates shall be deemed in ranked choice elections to be references to the total number of ballots that marked a candidate in such an election as rank number 1 for that ranked choice office.
12. Section 9-122 shall apply to ranked choice elections, except that references to the number of votes or party votes for candidates shall be deemed in ranked choice elections to be references to the total number of ballots that marked each such candidate as rank number 1 for that ranked choice office.
13. Section 9-126 shall apply to ranked choice elections, except that the reference in paragraph (a) of subdivision 2 to the number of votes received by each person voted for shall be deemed in ranked choice elections to be a reference to the total number of ballots that marked each such person as rank number 1 for that ranked choice office; and except that, for ranked choice elections, the tabulation of results as they are received pursuant to paragraph (b) of subdivision 2 shall be deemed to refer to either, as determined by the board of elections of the city of New York pursuant to paragraph 1 of subdivision f of this section of the charter, (i) a tabulation of the number of ballots assigning rank number 1 for each candidate for each ranked choice office, or (ii) the number of votes cast for each such candidate for that ranked choice office for each round of tabulation, as tabulated pursuant to subdivision e of this section of the charter.
14. Section 9-200 shall apply to ranked choice elections, except that the tabulated statements referred to in subdivision 1 of section 9-200 shall be deemed to mean, for ranked choice elections, the number of votes cast for all candidates for a ranked choice office as tabulated pursuant to this section of the charter, and the results for each round of such tabulation for such office; and except that the nominee of his or her party for a ranked choice office shall be determined in accordance with this section of the charter.
15. Section 9-202 shall apply to ranked choice elections, except that the tabulated statements referred to in section 9-202 shall be deemed to mean, for ranked choice offices, the number of votes cast for all candidates for a ranked choice office as tabulated pursuant to this section of the charter, the number of votes cast for each such candidate for that ranked choice office for each round of tabulation, as tabulated pursuant to subdivision e of this section of the charter; and except that the nominee of his or her party for a ranked choice office shall be determined in accordance with this section of the charter.
16. Section 9-206 shall apply to ranked choice elections, except that votes cast for all candidates for a ranked choice office shall be tabulated pursuant to this section of the charter.
17. Subdivision 3 of section 9-208 shall apply to ranked choice elections, except that the reference to the “number of votes recorded on the tabulated results tape” shall, with respect to ranked choice offices, be deemed to be a reference to the total number of ballots recorded on the tabulated results tape.
18. Section 9-209 shall apply to ranked choice elections, except that subparagraph (ii) of paragraph (c) of subdivision 2 of section 9-209 shall be deemed to refer to manual counting subject to this section of the charter, and the provisions of the election law as superseded or modified herein where not inconsistent with the provisions of this section of the charter; and except that, for ranked choice elections, the requirement in subdivision (e) that ballots be tallied, and that such tally be added to a previous tally, and that the result be announced, are superseded and inapplicable, but that such ballots in ranked choice elections be included in the tabulation undertaken pursuant to sections 9-200, 9-210 and 9-212 as applicable, as superseded or modified herein.
19. Section 9-210 shall apply to ranked choice elections, except that for ranked choice elections the requirement that a statement set forth the number of votes cast for each candidate shall be deemed to require that the statement set forth the number of votes cast for each candidate for that ranked choice office for each round of tabulation, as tabulated pursuant to subdivision e of this section of the charter; and except that for ranked choice elections an electronic record of how each ballot ranked each candidate for a ranked choice office from which such statements were made, including, to the extent practicable, such information broken down by election district, instead of any tabulation sheets showing the vote by election districts, shall be filed in the office of the board of elections in the city of New York.
20. Section 9-212 shall apply to ranked choice elections, except that each person elected to a ranked choice office in a ranked choice election shall be determined in accordance with this section of the charter.
1. All candidates in a ranked choice election shall be listed on the ballot. The ballot shall permit a voter to rank five candidates, inclusive of any write-in candidate permitted by law, in order of preference for a ranked choice office, unless there are fewer than five candidates on the ballot for such office, in which case the ballot shall permit a voter to rank the total number of such candidates for such office inclusive of any write-in candidate permitted by law.
2. The sections of the ballot containing ranked choice elections shall be organized in the form of a grid, with dimensions and spacing sufficient to facilitate a ranked choice election pursuant to the requirements set forth in this subdivision. The title of the office shall be arranged horizontally in a row at the top of such grid, with columns underneath. The leftmost column shall contain the names of the candidates for such office and the slot or device for write-in candidates for such office, arranged vertically. For any election for a ranked choice office in which all candidates are nominated by independent nominating petition, the names selected for the independent bodies making the nomination of the candidates shall be included on the ballot in accordance with the election law. The subsequent columns shall contain ovals or squares, with one oval or square per each column and row. Each column containing ovals or squares shall be labeled consecutively with the rankings, starting from “1st choice” and going up to a maximum of “5th choice.”
3. The ballot shall, in plain language, set forth instructions that indicate how to mark a ballot so as to be read by the voting equipment used to tabulate results or manually, as applicable, and how to rank candidates in order of the voter’s preference, and any other information deemed necessary by the board of elections in the city of New York. Such instructions and ballot heading information shall be presented above or next to the first election of each type. At a minimum, the text for ballot instructions shall be substantially as follows so that it accurately reflects the ballot layout:
INSTRUCTIONS
Rank candidates in the order of your choice. Mark the (insert “oval” or “square”) in the “1st choice” column for your first-choice candidate. Mark the (insert “oval” or “square”) in the “2nd choice” column for your second-choice candidate, and so on. (Provide illustration of correctly marked voting positions here.) To rank a candidate whose name is not printed on the ballot, mark (insert “an oval” or “a square”) next to the box labeled “write-in” and print the name clearly, staying within the box. You may mark as many or as few candidates as the numbered columns allow, but do not mark more than one (insert “oval” or “square”) per candidate. Ranking a second-choice candidate, third-choice candidate, and so on will not hurt your first-choice candidate. Do not mark more than one (insert “oval” or “square”) in any column. If you do, your vote may not count. Any mark or writing outside the spaces provided for voting may void the entire ballot. You have a right to a replacement ballot. If you make a mistake, or want to change your vote, (insert “ask a poll worker for a new ballot” or, for absentee ballots, “call the board of elections at (insert phone number here) for instructions on how to obtain a new ballot”).
The board shall also provide line drawing illustrations to supplement these instructions. At a minimum, an illustration of the correct way to mark the ballot shall be provided, but nothing in this section shall be construed to limit the board in providing additional illustrations.
4. To the greatest extent practicable, the ballot design shall allow for electronic tabulation of all rankings and electronic detection of ballot marking in order to allow a voter to correct a ballot that assigns equal rank to two or more candidates.
5. If a ranked choice election is on the ballot with one or more elections using other methods of voting, to the extent practicable, the ranked choice elections shall be grouped together and presented either on a separate ballot page from the non-ranked choice elections, or on one side of a combined ranked choice and non-ranked choice ballot page.
6. The final ballot design shall be based on the space and design limitations of the ballot design software, while following the best practices for ballot design to the greatest extent possible.
1. If a candidate receives a majority of highest rank votes, that candidate shall be declared the nominee of his or her party for a primary election, or declared the elected winner for an election for which nominations were made by independent nominating petitions.
2. If no candidate receives a majority of highest rank votes, tabulation shall proceed in rounds. In each round, the number of votes for each continuing candidate shall be counted; each continuing ballot shall count as one vote for its highest ranked continuing candidate for that round; and exhausted ballots shall not be counted for any continuing candidate. A round ends with one of the following outcomes:
(a) If there are two continuing candidates, the candidate with the most votes shall be declared the nominee of his or her party for a primary election, or elected winner for an election for which nominations were made by independent nominating petitions.
(b) If there are more than two continuing candidates, the last place candidate shall be eliminated and a new round shall begin; provided, however, that batch elimination shall occur at the same time as such elimination of the last place candidate, unless such batch elimination would result in only one continuing candidate, in which case no such batch elimination shall occur.
3. A tie between two or more candidates shall be resolved in accordance with the election law.
2. When making the statement of results of a ranked choice election pursuant to section 9-210 of the election law, such statement shall set forth the number of votes cast for each candidate for that ranked choice office for each round of tabulation, as tabulated pursuant to subdivision e of this section of the charter, in addition to any other requirements provided by section 9-210 of the election law.
2. Any person convicted of a misdemeanor under this subdivision shall be punished by imprisonment for not more than one year or by a fine of not less than one hundred dollars nor more than five hundred dollars or by both such fine and imprisonment.
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