On November 14, 2024, the Board voted to adopt revised Board Rules, which went into effect on December 19, 2024. The amended Rules strengthen the agency’s administration of its mandates, including determining payment eligibility and better oversight of independent spending. The amended Rules also improve efficiency and clarify aspects of campaign compliance. Below are highlights of the changes.
Strengthening the CFB’s oversight:
- Public Funds Payments – Rules 3-01(d)(i), (ii); 7-09(a), (c), (d); 8-05(b-c)
The Rules were amended to distinguish between mandatory and discretionary bases for public funds ineligibility during the pre- and post-election periods. Mandatory ineligibility now includes failing to timely provide records and information in response to a CFB request, failing to meet the training requirement for the candidates and treasurers, and failing to demonstrate to the CFB that the candidate is actively campaigning for office in the general election after losing the primary election. Rules governing candidates’ petitions for reconsideration of payment decisions were also updated.
- Independent Expenditures – Rules 6-04(a); 14-01; 14-02(b)(i); 14-04(a), (b)(ii)
Rule 6-04(a) was amended to add five new factors that the Board may consider in determining whether an expenditure was made independently of a campaign, including specific ties between the independent spender and the candidate or their family members.
Rules 14-01, 14-02, and 14-04 were amended to remove the distinctions between different reporting and identification requirements based on the method by which a communication is distributed, in favor of distinctions based on the type of communication, and to expand coverage to include internet-based communications.
Improving Efficiency:
- Complaints – Rule 12-02(c)(ii)
This Rule was amended to provide that, if a complaint is moot, facially meritless, or not in substantial compliance, the Board need not follow the procedural requirements that would otherwise apply.
- Financial disclosure with the Conflicts of Interest Board – Rule 3-05(b)
There is no impact on candidates’ deadline to file, but the deadline for the CFB to receive confirmation that a candidate has complied with the COIB’s personal financial disclosure filing requirement was set as three days prior to a payment date.
Most of the Rules updates relate to candidate compliance, generally simplifying or clarifying certain aspects of requirements, including:
- Registration – Rules 2-01; 2-02; 2-03
- Mandatory training requirements – Rules 2-06; 15-05
- Contributions – Rules 5-03(e); 5-05(y), (bb), (cc); 5-10(b)(iv-v)
- Loans – Rule 5-09(j)
- Certified Statement of Active Candidacy – Rule 3-01(d)(ii)(A)(7)(I-III)
- Daily Pre-Election Disclosure – Rule 6-01(h)(iii)(A)
- Bank & Credit Card Fees– Rules 6-01(i)(i)(E-F);
- “Paid For By” – 6-06(a), (c)
- Registering a Transition and Inauguration Entity (TIE) – Rule 13-01(b)
Additional changes of note:
- Local Law 9 of 2025 expands the CFB’s mandate to make Consumer Price Index adjustments after each citywide general election, and has impacted the spending limits and maximum public funds payments for City Council candidates in the 2025 and 2025A (special) election cycles.
- The CFB has clarified the impact of filing disclosure statements after the deadline on public funds eligibility. Candidates who file a disclosure statement late will not receive public funds based on financial activity in that statement until the following scheduled payment date, if otherwise eligible.
A brief overview of these changes can be found in the Candidate Services section here.