New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IV - Division Of Corporations And State Records › Part 153 - Political Consultant Filings › Section 153.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following terms shall have
				  the following meanings:
(a) "Address"
				shall mean business address, except that in the case of an individual with no
				business address then address shall mean home address.
(b) "Client" shall mean a person or entity
				who in the preceding calendar year retained or hired the political consultant
				relating to matters before any state or local government agency, authority or
				official, including services, advice or consultation relating to any state or
				local government contract for real property, goods or services, an appearance
				in a ratemaking proceeding, an appearance in a regulatory matter, or an
				appearance in a legislative matter other than matters described in subparagraph
				(E) of the second undesignated paragraph of subdivision (c) of section one-c  of
				the legislative law.
(c)
				"Department" shall mean the Department of State.
(d) "Government employee" shall mean any
				employee of the State, a county, city, town, village, or any other political
				subdivision or civil division of the State, or a county, city, town, village.
				"Government employee" shall also include any employee of a public authority,
				commission or public benefit corporation.
(e) "Political consultant" shall mean a
				person who holds himself or herself out to persons in this state as a person
				who performs political consulting services in a professional capacity and who
				is usually compensated, excluding reimbursement for expenses, for such
				services. "Political consultant" shall not include a government employee while
				acting in his/her official capacity, except when such employee also engages in
				outside political consulting services, in which case such outside activities
				would be subject to the reporting requirements of this Part.
(f) "Political consulting services" shall
				mean services provided by a political consultant to or on behalf of an elected
				public official in New York state or to or on behalf of a candidate for elected
				office in New York state, or to or on behalf of a person nominated for elected
				public office which services:
(1) assist or
				are intended to assist in a campaign for nomination for election or election to
				office in New York state, including fundraising activities, voter outreach,
				composition and distribution of promotional literature, advertisements, or
				other similar communications, as set forth in section 14-106  of the election
				law; or
(2) consist of political
				advice to an elected public official or candidate for elected public office in
				New York state or person nominated for elected public office; provided,
				however, that political consulting services shall not include bona fide legal
				work directly related to litigation or legal advice with regard to securing a
				place on the ballot, the petitioning process, the conduct of an election, or
				which involves the election law. "Political consulting services" shall not
				include activities that are solely ministerial in nature that do not include
				any substantive advice or counseling, such as canvassing.