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Leveling The Political Playing Field: The Campaign Finance Board Explained

By

David Cruz

Published Mar 9, 2021

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Scott Heins / Gothamist

By

David Cruz

Published Mar 9, 2021

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Running a political campaign in New York City is not easy. Between collecting the required signatures to get on the ballot, managing volunteers, phone banking, and those endless Zoom forums, there's also fundraising. Campaigns are expensive, and fundraising can be tough, especially for first-time candidates who often run shoestring campaigns competing against incumbents backed by deep-pocketed donors, including those in the multi-billion dollar real estate sector.

To help level the playing field, there's the New York City Campaign Finance Board (CFB), a city government agency that amplifies the impact of small donations through a series of taxpayer-funded programs. The CFB also tracks every dollar raised and spent by candidates, keeps tabs on independent expenditure committees (known as super PACs), and publishes all the information in a searchable online database.

This year the CFB is especially busy: the seats of mayor, comptroller, all five borough presidents, public advocate, and 30 of the 51 City Council seats are up for grabs, and nearly 500 candidates are running for these offices.

So far the CFB has distributed $39 million campaign funds to 152 candidates, the most ever for the CFB. Candidates now have until March 15th to file disclosure forms that could qualify them for another round of taxpayer-funded contributions.

But candidates who take CFB money have to abide by a certain set of rules. Here's a basic overview of how the agency helps fund political campaigns while also striving for transparency.

What is the CFB? And why does it exist?

The CFB was formed in 1988 following the passage of the Campaign Finance Act through a referendum vote. The Act sought to limit the influence of big money in politics by funding elections from a pot of taxpayer money allocated by the New York City Council. The campaign reform measure was proposed following a number of political corruption scandals, notably the case of Donald Manes, the Queens borough president and Queens County Democratic County chair who took part in a massive bribery scheme involving the city Parking Violations Bureau. Roughly 100 government employees were implicated in other bribery schemes across the city during the 1980s, spurring reforms. (You can read more about this period in the city's history in Jack Newfield and Wayne Barrett's classic book City for Sale: Ed Koch and the Betrayal of New York.)

The board is comprised of five members that include the chair. The mayor and council speaker each appoint two members registered with separate political parties, with the chair chosen by the mayor in consultation with the speaker.

The CFB’s key mandate is to carry out the so-called matching funds program whereby a donor’s contribution is supplemented so small-time candidates can compete against deep-pocketed donors. By amplifying the strength of a small donor’s campaign contribution, the CFB's goal is to multiply a citizen's sense of efficacy in the election process. If voters see that small-dollar donations actually matter, they are more likely to head to the polls and vote, according to the CFB.

The disbursement of funds is carried out by the CFB’s paid staffers and announced at monthly meetings.

How do candidates secure cash from the CFB?

One of CFB’s hallmarks is its matching funds program, whereby a certain amount of money raised by a candidate multiplies, or is matched, in accordance to the program a candidate decides to participate in for an election cycle.

The term “match” is somewhat of a CFB misnomer these days, since the origins of the name dates back to the original 1-to-1 matching program where the CFB contributed $1 for every $1 the candidate raised, maxing out a $1,000 per contributor in matched taxpayer money.

The 1-to-1 program was the only one available for years, until the New York City Council approved the creation of a the now defunct 4-to-1 matching funds program in 1998, followed by a 6-to-1 program in 2007.

In 2018, following another Council vote, the CFB passed its generous 8-to-1 matching funds program. To qualify for today’s program, also known as Option A, a candidate is required to secure a minimum number of contributions that varies according to the office one seeks. Same for Option B, the 6-to-1 matching funds program, which is still available for candidates, though not as popular.

For a city council candidate who chooses Option A, the CFB provides $800 for every $100 donation**,** essentially turning the $100 donation into $900.

How do candidates qualify for the money?

Candidates must first open what’s called a campaign committee that includes the name of the campaign, the treasurer (sometimes the treasurer and candidate are the same), their contact information and the type of matching program they wish to participate in.

For candidates to claim matching funds they must submit periodic disclosure statements—mostly bank statements and contribution forms—on deadlines set by the CFB, which staffers later comb through to determine eligible funds.

The only donations the CFB puts toward the matching funds program are those that derive solely from the New York City residents. But public office-seekers must put in some work first before getting money:

Is there a limit to how much money candidates can get?

Yes, though it varies by office. Under the 8-to-1 matching program, the maximum public funds payout to a mayoral candidate is $6,476,444; public advocate and comptroller candidate is $4,048,888; borough president at $1,457,777; and City Council candidate at $168,888. The figures represent 89% of how much a candidate can spend per election cycle.

Donors who contribute to a Council candidate participating in the 8-to-1 matching program are also bound by limits. For instance, donors only have their first $175 count towards the program. They can contribute another $825 to a candidate participating in the 8-to-1 program, but those funds won’t be matched, according to the terms set by the CFB.

Small-dollar donors who are city residents giving to a mayoral, public advocate, or comptroller candidate will only have their first $250 matched in the program. Still, this can translate to $2,000 of taxpayer money under the program, becoming $2,250. They can also contribute another $1,750 to a candidate, though, just like any donor contributing to a Council candidate, that money can’t be matched.

Candidates can give to themselves. But what's the advantage?

Candidates can definitely fund their campaign, though there are limits to how much they can spend per cycle: mayoral candidates can spend $7,286,000; public advocate and comptroller it's $4,555,000; borough president $1,640,000; and City Council candidate it's $190,000. However, this rule is suspended if a candidate who does not participate in the matching funds program in a given race spends beyond the threshold.

A key reason why some would want to self-fund a campaign is to simply be free of the scrutiny that comes with taking matching funds. Many can still accept monies from political action committees to fund their campaign without having to take part in the matching funds program, since PAC money is not matched.

Still, the advantage of small-dollar donations coincides with building a broad coalition of voters who will cast their votes for a candidate. It's worked for Mayor Bill de Blasio, who participated in the 6-to-1 matching funds program and won. Matching funds doesn't always work, as billionaire and former three-term Mayor Michael Bloomberg can attest.

What can candidates spend the money on?

Beyond the big-ticket items that include television ads, mailers, and staff salaries, candidates can use the taxpayer-funded money for food/beverages for campaign workers and volunteers, community events through a contribution use, attorney fees for non-criminal matters, election night parties, and even childcare for children under the age of 13 pending approval. They can also take the money they’ve raised and matched and contribute it to another candidate. Once the campaign is over, any remaining funds must be returned.

What can’t they spend money on?

Anything that’s not related to campaigning is considered hands off, including paying rent/mortgage, club dues/fees, clothes, a car, getting a haircut, and entertainment events. Candidates are also kept from using funds to make tuition payments or funeral costs.

All of this is, of course, tracked by the CFB.

What happens if a matching candidate accepts more than they’re allowed?

The CFB then determines whether to fine the candidate depending on how much they’ve accepted.

Other ways to get into hot water with the CFB for matching candidates: accepting money from anonymous donors or limited liability corporations and unregistered PACs. They can also have their matching funds delayed if they submit disclosure statements late.

How do I know the money given to a candidate counts toward the matching program?

The CFB spends its time auditing donor contributions to ensure candidates comply with the rules. For candidates running for a council seat, for instance, auditors will verify a contributor’s address to ensure they live in the district, and whether they’ve identified what sector they work in. Unauthorized donations will be flagged and excluded from the CFB’s 8-to-1 matching program. A full audit on each campaign committee is completed by the CFB after an election to ensure a candidate has fully complied with the Board’s rules and regulations.

In the case of mayoral candidates who receive contributions from a political action committee, that PAC must be registered with the CFB.

Do candidates have to identify their donors?

Yes, campaign treasurers must maintain immaculate records, ensuring every dollar is accounted for or risk penalty. This includes keeping copies of contributor checks and credit card transactions.

For those who give a contribution by cash or money order, they must file a “contribution card” that includes a donor’s name, address, employment, employer, and amount contributed.

At least two copies must be kept just in case they need to be vetted in the auditing process.

Check out the comprehensive CFB website to see who's giving to candidates and how much candidates are getting.

Tagged

election 2021

campaign finance board

David Cruz

David is a former WNYC and Gothamist editor.

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Gothamist is funded by sponsors and member donations

Gothamist is funded by sponsors and member donations

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