N.Y. Election Law § 14-200-a: Definitions

§ 14-200-a. Definitions. For the purposes of this title, the following

terms shall have the following meanings:

1. "authorized committee" means the political committee designated by

a candidate pursuant to this title to receive contributions and make

expenditures in support of the candidate's campaign for such election.

2. "PCFB" means the public campaign finance board established in this

title, unless otherwise specified.

3. "contribution" shall have the same meaning as appears in

subdivision nine of section 14-100 of this article.

4. "contributor" means any person or entity that makes a contribution.

5. "covered election" means any primary, general, or special election

for nomination for election, or election, to the office of governor,

lieutenant governor, attorney general, state comptroller, state senator,

or member of the assembly.

6. "election cycle" means the two-year period starting the day after

the last general election for candidates for the state legislature and

shall mean the four-year period starting after the day after the last

general election for candidates for statewide office.

7. "expenditure" means any gift, subscription, advance, payment, or

deposit of money, or anything of value, or a contract to make any gift,

subscription, payment, or deposit of money, or anything of value, made

in connection with the nomination for election, or election, of any

candidate. Expenditures made by contract are deemed made when such funds

are obligated.

8. "fund" means the New York state campaign finance fund established

pursuant to section ninety-two-t of the state finance law.

9. "immediate family" means a spouse, domestic partner, child,

sibling, or parent.

10. "item with significant intrinsic and enduring value" means any

item, including tickets to an event, that are valued at twenty-five

dollars or more.

11. (a) "matchable contribution" means a contribution not less than

five dollars and not more than two hundred fifty dollars per each

covered election, for a candidate for public office to be voted on by

the voters of the entire state or for nomination to any such office, a

contribution for any covered elections held in the same election cycle,

made by a natural person who is a resident in the state of New York to a

participating candidate, and for a candidate for election to the state

assembly or state senate or for nomination to any such office, a

contribution for any covered elections held in the same election cycle,

made by a natural person who is also a resident of such state assembly

or state senate district from which such candidate is seeking nomination

or election, that has been reported in full to the PCFB in accordance

with sections 14-102 and 14-104 of this article by the candidate's

authorized committee and has been contributed on or before the day of

the applicable primary, general, runoff, or special election. Any

contribution, contributions, or a portion of a contribution determined

to be invalid for matching funds by the PCFB may not be treated as a

matchable contribution for any purpose.

(b) The following contributions are not matchable:

(i) loans;

(ii) in-kind contributions of property, goods, or services;

(iii) contributions in the form of the purchase price paid for an item

with significant intrinsic and enduring value;

(iv) transfers from a party or constituted committee;

(v) anonymous contributions;

(vi) contributions whose source is not itemized as required by these

recommendations;

(vii) contributions gathered during a previous election cycle;

(viii) illegal contributions;

(ix) contributions from minors;

(x) contributions from vendors for campaigns hired by the candidate

for such election cycle;

(xi) contributions from lobbyists registered pursuant to subdivision

(a) of section one-c of the legislative law; and

(xii) the portion of a contribution which is in excess of two hundred

fifty dollars, as a single contribution or in the aggregate, from any

one contributor to such participating candidate for nomination or

election. Provided, however, that any portion of a contribution totaling

over one thousand fifty dollars as a single contribution or in the

aggregate shall not be matchable in any amount.

13. "nonparticipating candidate" means a candidate for a covered

election who fails to file a written certification in the form of an

affidavit pursuant to these recommendation by the applicable deadline.

14. "participating candidate" means any candidate for nomination for

election, or election, to the office of governor, lieutenant governor,

attorney general, state comptroller, state senator, or member of the

assembly, who files a written certification in the form determined by

the PCFB.

15. "post-election period" means the period following an election when

a candidate is subject to an audit.

16. "qualified campaign expenditure" means an expenditure for which

public matching funds may be used.

17. "threshold for eligibility" means the amount of matchable

contributions that a candidate's authorized committee must receive in

total in order for such candidate to qualify for voluntary public

financing under this title.

18. "transfer" means any exchange of funds between a party or

constituted committee and a candidate or any of his or her authorized

committees.

19. "surplus" means those funds where the total sum of contributions

received and public matchable funds received by a participating

candidate and their authorized committee exceeds the total campaign

expenditures of such candidate and authorized committee for all covered

elections held in the same calendar year or for a special election to

fill a vacancy. For the purposes of this subdivision, total campaign

expenditures shall include transfers, contributions out and all other

lawful liabilities incurred.