2023 New York Laws › ELN - Election › Article 14 - Campaign Receipts and Expenditures; Public Financing › Title 1 - Campaign Receipts and Expenditures › 14-100 - Definitions.

§  14-100.  Definitions.  As  used  in  this  article:  1.  "political
committee" means any corporation aiding or promoting and any  committee,
political  club  or  combination  of  one  or  more persons operating or
co-operating to aid or to promote the success or defeat of  a  political
party or principle, or of any ballot proposal; or to aid or take part in
the  election  or  defeat  of a candidate for public office or to aid or
take part in the election or defeat of a candidate for nomination  at  a
primary  election or convention, including all proceedings prior to such
primary election, or of a candidate for any party position voted for  at
a primary election, or to aid or defeat the nomination by petition of an
independent  candidate  for  public  office; but nothing in this article
shall apply to any committee  or  organization  for  the  discussion  or
advancement of political questions or principles without connection with
any  vote  or  to  a  national  committee  organized for the election of
presidential or vice-presidential candidates; provided, however, that  a
person  or  corporation  making  a  contribution  or  contributions to a
candidate or a political committee which has filed pursuant  to  section
14-118  shall  not,  by  that  fact  alone,  be deemed to be a political
committee as herein defined.
2. "party committee" means any committee provided for in the rules  of
the  political  party in accordance with section two-one hundred of this
chapter, other than a constituted committee.
3. "constituted committee" means a state committee, a county committee
or a duly constituted subcommittee of a county committee;
4. "duly  constituted  subcommittee  of  a  county  committee"  means,
outside  the  city  of New York, a city, town or village committee, and,
within the city of New  York,  an  assembly  district  committee,  which
consists of all county committee members from the city, town, village or
assembly district, as the case may be, and only such members;
5.  "non-candidate  expenditures"  means  expenditures made by a party
committee  or  a  constituted  committee   to   maintain   a   permanent
headquarters  and  staff  and  carry  on  ordinary  party activities not
promoting the candidacy of specific candidates;
6. "district" means the entire state or any part thereof, as the  case
may be;
7.  "candidate" means an individual who seeks nomination for election,
or election, to any public office or party position to be voted for at a
primary, general or special or New York city community  school  district
election  or  election  for  trustee of the Long Island Power Authority,
whether or not the public office or party position has been specifically
identified at such time and whether or not such individual is  nominated
or  elected,  and, for purposes of this subdivision, an individual shall
be deemed to seek nomination for election, or election, to an office  or
position,  if  he  has (1) taken the action necessary to qualify himself
for nomination for election, or election, or (2) received  contributions
or  made expenditures, given his consent for any other person to receive
contributions or make expenditures, with a view to  bringing  about  his
nomination  for  election, or election, to any office or position at any
time whether in the year in which such contributions or expenditures are
made or at any other time; and
8. "legislative leader" means any of the following: the speaker of the
assembly; the minority leader of the assembly; the  temporary  president
of the senate and the minority leader of the senate.
9. "contribution" means:
(1)  any  gift, subscription, outstanding loan (to the extent provided
for in section 14-114 of this chapter), advance, or deposit of money  or
any thing of value, made in connection with the nomination for election,

or  election, of any candidate, or made to promote the success or defeat
of a political party or principle, or of any ballot proposal,
(2) any funds received by a political committee from another political
committee to the extent such funds do not constitute a transfer,
(3)  any  payment, by any person other than a candidate or a political
committee authorized by the  candidate,  made  in  connection  with  the
nomination  for  election  or  election  of any candidate, including any
payment or expenditure where coordination has  occurred  as  defined  in
section  14-107  of  this  article,  or  any payment made to promote the
success or defeat of a political party or principle, or  of  any  ballot
proposal  including  but  not  limited  to compensation for the personal
services of any individual which  are  rendered  in  connection  with  a
candidate's  election  or  nomination  without charge; provided however,
that none of the foregoing shall be deemed a contribution if it is made,
taken or performed by a candidate or his spouse or  by  a  person  or  a
political  committee  independent  of  the  candidate  or  his agents or
authorized political committees. For purposes of this article, the  term
"independent  of  the  candidate  or  his agents or authorized political
committees" shall mean that the candidate or his  agents  or  authorized
political  committees  did  not  authorize,  request, suggest, foster or
cooperate in any such activity; and  provided  further,  that  the  term
contribution shall not include:
(A) the value of services provided without compensation by individuals
who volunteer a portion or all of their time on behalf of a candidate or
political committee,
(B)  the use of real or personal property and the cost of invitations,
food and beverages voluntarily provided by an individual to a  candidate
or  political  committee  on  the  individual's residential premises for
candidate-related activities to the extent such services do  not  exceed
five hundred dollars in value, and
(C)  the  travel  expenses  of  any  individual  who on his own behalf
volunteers his personal services to any candidate or political committee
to the extent such expenses are unreimbursed  and  do  not  exceed  five
hundred dollars in value.
10.  "transfer"  means  any  exchange  of  funds or any thing of value
between political committees authorized by the same candidate and taking
part solely in his campaign, or any exchange of funds between a party or
constituted committee and a candidate or any of his authorized political
committees.
11. "election" means all general, special and primary  elections,  but
shall  not include elections provided for pursuant to the education law,
special district elections, fire district elections or library  district
elections.
12. "clearly identified candidate" means that:
(a) the name of the candidate involved appears;
(b) a photograph or drawing of the candidate appears; or
(c)   the  identity  of  the  candidate  is  apparent  by  unambiguous
reference.
13. "general public audience" means an audience composed of members of
the public, including a targeted subgroup  of  members  of  the  public;
provided,  however,  it  does  not  mean an audience solely comprised of
members, retirees and staff of a labor organization or members of  their
households   or   an   audience  solely  comprised  of  employees  of  a
corporation, unincorporated business entity or members  of  a  business,
trade or professional association or organization.
14.  "labor  organization"  means  any  organization of any kind which
exists for the purpose, in whole or in part, of  representing  employees
employed  within  the  state  of  New  York in dealing with employers or

employer organizations or with a state government, or any  political  or
civil   subdivision  or  other  agency  thereof,  concerning  terms  and
conditions of employment, grievances, labor disputes, or  other  matters
incidental  to  the  employment  relationship.  For the purposes of this
article,  each  local,   parent   national   or   parent   international
organization  of  a  statewide  labor  organization,  and each statewide
federation receiving dues from subsidiary labor organizations, shall  be
considered a separate labor organization.
15.  "independent  expenditure committee" means a political committee,
that makes only independent expenditures as defined in this article, and
does not coordinate with a candidate, candidate's authorized  committees
or  an agent of the candidate as defined in paragraph (g) of subdivision
one of section 14-107 of this article.
For purposes of this section, an independent expenditure committee may
be created by a person, group of  persons,  corporation,  unincorporated
business  entity,  labor organization or business, trade or professional
association, or organization, or political committee.
16. "political action committee" means  a  political  committee  which
makes no expenditures to aid or take part in the election or defeat of a
candidate,  or  to  promote  the success or defeat of a ballot proposal,
other  than  in   the   form   of   contributions,   including   in-kind
contributions,  to  candidates, candidate's authorized committees, party
committees,   constituted   committees,   or   independent   expenditure
committees  provided  there is no common operational control between the
political action committee and the independent expenditure committee; or
in the form of communications that are  not  distributed  to  a  general
public audience as described in subdivision thirteen of this section.
For  purposes  of  this  paragraph, "common operational control" means
that  (i)  the  same  individual  or  individuals  exercise  actual  and
strategic  control  over  the  day-to-day  affairs of both the political
action committee and the  independent  expenditure  committee,  or  (ii)
employees   of  the  political  action  committee  and  the  independent
expenditure committee engage in communications related to the  strategic
operations of either committee.
17.  "foreign national" means foreign national as such term is defined
by subsection (b) of section 30121 of title  52  of  the  United  States
code.