An opinion has been requested whether certain expenditures made by a prospective candidate are subject to the expenditure limits of New York City Administrative Code §3-706(1) and (2). The following example has been described: a person considering becoming a candidate for City office incurs incidental expenses in evaluating the viability of his candidacy. He authorizes a political committee and collects contributions. After evaluating the fundraising effort, the person announces his candidacy publicly.
Campaign Finance Board Regulation §105(a) provides, in relevant part:
All expenditures made or incurred by a candidate who seeks to be qualified to receive public funds...for the purpose of promoting or facilitating the nomination or election of the candidate...are subject to the limitations of Section 3-706(1) and (2) of the code.
It is the opinion of the Board that all the expenditures described in the example described above are expenditures made "for the purpose of promoting or facilitating the nomination or election of the candidate" within the meaning of Regulation §105(a). These expenditures are subject to the expenditure limits of Administrative Code §3-706(1) and (2), except as may otherwise be provided in Administrative Code §3-706(5) (b) (fundraising expenditures).
NEW YORK CITY CAMPAIGN FINANCE BOARD