Your web browser is not supported You're using Internet Explorer, some features might not work. Please switch to another browser like Chrome, Firefox, or Edge for a better experience.


An official website of the United States government Here's how you know
 **Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
            
            A **lock** ( A locked padlock ) or **https://** means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.


Federal Election Commission | United States of America Calendar
           Glossary
          Search
              Search


Menu
      Home
      Campaign finance data
        All data
            Raising
            Spending
            Loans and debts
            Filings and reports
            Candidates
            Committees
            Bulk data
            Campaign finance statistics
        Find elections. Search by state or ZIP code
          Look up contributions from specific individuals
      Help for candidates and committees
        All compliance resources
            Guides
            Forms
            Dates and deadlines
            Trainings
        Learn about electronic filing
          Find and contact your committee's analyst
      Legal resources
        All legal resources
            Advisory opinions
            Enforcement
            Statutes
            Legislation
            Regulations
            Court cases
            Policy and other guidance
        Search across all legal resources
          Search guidance documents
      About
        All about the FEC
            News and announcements
            Commission meetings
            Mission and history
            Leadership and structure
            Reports about the FEC
            Careers
            Working with the FEC
            Contact
        Introduction to campaign finance and elections


- Home
- ›
      FEC Record: Regulations
- ›
      Final interpretive rule regarding date of nominations for New York special primary elections

FEC Record: RegulationsFinal interpretive rule regarding date of nominations for New York special primary electionsDecember 17, 2013 On December 5, 2013, the Commission approved a final interpretive rule to clarify that, for purposes of the FECA, the date of a special primary election under New York state law is the date on which the political party committee votes to nominate the party’s candidate for the special election, and not the date on which the certification of that vote is filed. The final interpretive rule was published in the Federal Register at 78Fed. Reg. 76032 on December 16, 2013 and took effect the same day. Background Sections 6-114 and 6-116 of New York state election law vest special election nominating authority in the party committees, either directly or by operation of state party rules. Under these provisions, therefore, candidates are placed on the general election ballot "in accordance with applicable state law" as "a direct result" of the relevant party committee vote. Based on these New York state laws and party rules summarized in a draft rule posted for public comment on November 22, candidates in New York are placed on the general election ballot "in accordance with applicable state law" as "a direct result" of a vote held by each political party’s county committee (or state committee in the case of a Senate special election) to select the party’s candidate. See 11 CFR 100.2(c)(1). Accordingly, the party committee vote in these situations is a "primary election" within the meaning of the Act and Commission regulations. See Advisory Opinions (AOs) 2004-20 (Farrell for Congress) and 1992-25 (Owens for Senate Committee). Although the party’s subsequent filing of a certification after a party vote formalizes the nomination, such a filing is not the primary election itself. See FEC v. Citizens for Senator Wofford, No. 1:CV-94-2057, slip op. at 8-10 (M.D. Pa. Sept. 27, 1995). The Commission received no comments on the draft rule, which has now been adopted in final form. To the extent that other states'' nominating procedures for special elections are materially indistinguishable from those of New York, the Commission anticipates that this interpretation would apply to such other states as well. Resources: Federal Register noticeCommission consideration of final interpretive ruleRecord article: Summary of draft interpretive rule
 Author
          Dorothy  YeagerEnterprise Resource Analyst


Read next: Commission cites committee for failure to file Alabama 12-day special Pre-General financial report
 Related: Explore campaign finance data »


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


About
          Careers
          Press
          Contact
   Privacy and security policy
          Plain language
          No FEAR Act
          Strategy, budget and performance
 Open government
          Protected Voices
          USA.gov
          Inspector General
          FOIA
 OpenFEC API
          GitHub repository
          Release notes
          FEC.gov status


Federal Election Commission
 The FEC's Twitter page
            The FEC's YouTube page Sign up for FECMail


Hide glossary Glossary Search terms