


Advisory Opinions
Each Advisory Opinion is based on the relevant statutory and regulatory provisions in effect at the time the Advisory Opinion was adopted. The New York City Campaign Finance Act and the Rules of the New York City Campaign Finance Board have been amended several times since many of the Board’s advisory opinions were issued. You should consult the most current versions of the Act and Rules to ensure that the reasoning and conclusions of an Advisory Opinion are still applicable, or contact the Board’s Legal Unit at (212) 409-1800.
To get copies of Advisory Opinions or to be placed on a mailing list for all Advisory Opinions issued by the Campaign Finance Board, please contact the Board’s Candidate Services Unit at (212) 409-1800.
You can check out the Advisory Opinion requests page here.
2024 |
2024-1: Guidance on Enforcement of 2024 Rules Amendments
December 16, 2024 The New York City Campaign Finance Board (the "Board" or "CFB") issues this clarification of the schedule for the enforcement of amendments to Board Rules 2-06 and 6-04(a). These amendments occur during the 2025 election cycle and to avoid confusion for campaigns and independent spenders, the Board is outlining the timing of the enforcement of these amendments. |
2020 |
2020-3: Reasonable Anticipation of and Application of Out-Year Expenditure Limit to Special Elections
November 19, 2020 Candidates may establish special election committees beginning when a special election is reasonably anticipated, and may simultaneously maintain an active committee for a reasonably anticipated special election and an active committee for the subsequent primary and general elections, provided that expenditures made by both committees prior to the special election are presumed to be for the special election unless the candidate demonstrates otherwise. The out-year expenditure limit, which limits expenditures made in the three years preceding the year of a covered election, is applied to a candidate’s next election, regardless of whether such election is a special election. |
2020-2: Attribution of expenditures made and public funds received for a canceled special election
June 9, 2020 Candidates in the cancelled special election for Queens borough president, originally scheduled for March 24, 2020, and the primary election scheduled for June 23, 2020 may demonstrate that certain expenditures made in furtherance of the special election are not attributable to the primary election expenditure limit, provided they submit documentation related to either the intended audience of those expenditures or the natures of the goods or services purchased. Any public matching funds that candidates received for the special election will count toward the maximum amount of public funds they are eligible to receive for the primary election. |
2020-1: Supplement to Advisory Opinion 2016-1
January 16, 2020 The New York City Campaign Finance Board (the “Board” or “CFB”) has concluded that CFB Advisory Opinion No. 2016-1 (“A.O. 2016-1”), regarding coordinated expenditures made by non-campaign entities, should be supplemented in light of recent amendments to the New York State Election Law and the New York City Campaign Finance Act. Specifically, changes to the election and campaign finance calendars require a reassessment of the timing considerations discussed in A.O. 2016-1. |
2019 |
2019-1: Option A Candidates in the 2021 Election Cycle Are Required to Refund the Excess Portion of Contributions that Exceed the Option A Limits Regardless of Date of Receipt
August 15, 2019 Local Law No. 128 of 2019 amended the New York City Campaign Finance Act to require Option A candidates in the 2021 election cycle to refund the excess portion of any contributions received prior to January 12, 2019 that exceed the Option A contribution limits. It is clear from both its plain meaning and legislative history that the statute should be interpreted to apply the Option A limits to contributions received prior to January 12. Fundraising expenditures associated with previously-raised contributions that are required to be partially refunded as a result of this legislative change will not be deducted from the 2021 expenditure limit calculation. However, the cost of obtaining bank checks for the purpose of making such refunds will be deducted from the 2021 expenditure limit calculation, provided that the refunds are issued on or before January 15, 2020. |
2016 |
2016-1: Coordinated Activity in Connection with a Covered Election Will be Subject to the Campaign Finance Act and Board Rules
July 6, 2016 Clarifies the Board’s approach towards coordinated activity that is made in connection with a covered election. Coordinated expenditures that are made in connection with a covered election will be subject to the Campaign Finance Act and Board Rules governing candidates. When candidates engage in coordination with outside organizations that have made expenditures on issue advocacy communications promoting the candidate, the Board will consider, under the totality of the circumstances and... |