Overview
A candidate is any individual who seeks to be nominated or elected to public office or party position, whether they ultimately appear on the ballot or not. An individual shall be deemed a candidate if:
- He or she has taken action to qualify for nomination or election; or-
- Monies were raised or expended by the individual or any person to whom that individual has given consent to do so, in order to bring about such nomination or election to such office or position. The candidacy occurs when the contributions or expenditures in question are made, whether in the year in which the nomination or election is sought or in any future year.
Here is a list of state candidates:
- Governor*
- Lt. Governor*
- State Comptroller*
- State Attorney General*
- State Senate*
- State Assembly*
- State Supreme Court Justice
- Certain party offices
*Candidates running for these offices are eligible to participate in the NYS Public Campaign Finance Program.
Local Candidates include all other offices (all other county, city, town & village offices; e.g. county legislator, town supervisor, etc.).
New York City Candidates include Mayor, City Council, Public Advocate, Comptroller, and Borough President.
As of 2020, NYC Candidates are required to register and file ONLY with the NYC Campaign Finance Board. Candidates and/or committees with questions about filing with the NYC Campaign Finance Board should email: candidateservices@nyccfb.info.
Types of Candidate Disclosures
It is the obligation of the candidate to disclose ALL of the receipts and expenditures of his/her campaign including the candidate's own money. (EL 14-104(1).) He/she must register with the New York State Board of Elections (NYSBOE) and then file campaign financial disclosure reports.
The following are disclosure options for candidates.
Candidate Uses Authorized Committee to Disclose All
A candidate can choose to have an authorized committee fulfill all of the candidate’s campaign finance filing requirements of NYS Election Law, disclosing all the receipts of, contributions to, expenditures by, and liabilities of the campaign, including the candidate’s own money. In such an instance, the candidate can raise or spend money themselves, but such activity of the candidate (who becomes an agent of the committee) must be reported through his or her authorized committee. (EL 14-104(1).)
Additionally, the candidate must submit a Candidate Authorization for a Committee to Make ALL Campaign Financial Disclosures form (CF-16), which is the form that informs the NYSBOE that the candidate has opted to have all the receipts of, contributions to, expenditures by, and liabilities of the campaign, including the candidate’s own money, disclosed by the authorized committee. In such an instance, the candidate would not have to submit his or her own campaign financial disclosure reports.
However, the mere fact that a candidate has an authorized committee fulfill all of the candidate’s campaign finance filing requirements of NYS Election Law, does not relieve the candidate of their obligations and related liabilities under the NYS Election Law concerning the financial activity of their campaign.
The CF-16 must be submitted by the candidate no later than 32 days prior to the first election for which the candidate would otherwise be obligated to file reports.
Please note: The NYS Public Campaign Finance Program launched on November 9, 2022. This is a program for statewide and state legislative candidates, allowing them the ability to qualify for public matching funds based on eligible contributions from in-district residents. Candidates participating in the Program MUST use an authorized committee for their campaign. If you are interested in participating in the NYS Public Campaign Finance Program, you may find more information and the appropriate PCF-21 Committee Registration Form on the PCFB website.
Candidate Discloses All (does not have authorized committee disclosing all)
A candidate can choose to file his or her own reports, setting forth the particulars specified in NYS Election Law Section 14-102, which must disclose all the receipts of, contributions to, expenditures by, and liabilities of the campaign, including the candidate's own money. (EL 14-10(1).)
To do so with NYSBOE, a candidate will file the Candidate Registration And/Or To Request NYSBOE Filer ID# Campaign Finance Form (CF-04). Again, this is if the candidate does not have a registered authorized committee that will be disclosing all of the financial activity of the candidate's campaign, including the financial activity of the candidate.
Both Candidate and Authorized Committee Disclose
A candidate can choose to have an authorized committee, and can ALSO raise and spend money separate from the committee, which they choose not to have disclosed by the authorized committee. In such a case, BOTH the candidate and the authorized committee would register and file their own separate campaign financial disclosure reports, setting forth the particulars specified in NYS Election Law Section 14-102. In this case, a candidate should NOT file a Candidate’s Authorization for a Committee to Make All Campaign Financial Disclosures form (CF-16). A CF-16 is only filed by a candidate when ALL activity is filed by the authorized committee. (EL 14-104(1).) This is rarely used due to increased accounting required of the candidate.
Village Requirements
Village Elections Run by Village Clerk
Candidates for village office, and committees solely supporting or opposing candidates for village office or village ballot propositions must register and file with the village clerk when the village clerk runs the election.
For village elections run by the village clerk, where filers with the village clerk have campaign finance activity outside of the village election in question (e.g., supporting/opposing candidates and/or committees for town, county or state offices; transfers to party or constituted committees outside of the village), such filers will then also have an obligation to register and file with the NYSBOE.
Village Elections Run by a County Board of Elections
Registrations/filings must be made with the NYSBOE. (EL 14-102; 14-104.)
Claim of Exemption from Filing
The following village candidates/committees may file a Candidate or Committee Claim of Exemption from Filing Campaign Financial Disclosure Reports (CF-05): Candidates for public office and authorized committees solely supporting one candidate for public office, or solely supporting or opposing a ballot proposition in towns, cities or villages having a population under 10,000, where the candidate/committee does not raise or spend in excess of $1,000 in the aggregate for the campaign. (EL 14-124.)
Filing Requirements
What Must be Filed?
Candidates who are required to file campaign financial disclosure reports must submit one of the following (EL 14-102(3).):
Itemized Campaign Financial Disclosure Report
An itemized campaign financial disclosure report is a report disclosing the financial activity for a specific reporting period, detailed by transaction types.
Filing the Report Electronically
State and local candidates must register and file campaign financial disclosure reports electronically with the New York State Board of Elections (NYSBOE) using the EFS Web Application.
Candidates participating in the NYS Public Campaign Finance Board (PCFB) should visit their website at https://pcfb.ny.gov to review their registration, application, and filing obligations.
In-Lieu-Of Statement
An In-Lieu-of-Statement is a campaign financial disclosure report where, at the close of the reporting period, neither the total receipts, including the candidate’s own money, nor the total expenditures of the campaign have exceeded $1,000 in the aggregate. (EL 14-124(4).) They are filed via the EFS Web Application.
Once a candidate that is entitled to file an In-Lieu-Of Statement exceeds the $1,000 threshold in aggregate receipts or expenditures for a campaign, he or she must begin to file itemized reports commencing with the reporting period wherein the threshold is crossed and contain an itemization of all receipts and expenditures previously encompassed by the In-Lieu-Of Statement(s) filed by the candidate. Once a candidate files an itemized report, that candidate can never file an In-Lieu-Of Statement for any future report.
Only candidates, single candidate authorized committees, and ballot proposition committees are eligible to file In-Lieu-Of Statements.
No-Activity Report (CF-18)
A report filed indicating that there is no financial activity to report for that specific reporting period and that the candidate or committee has no outstanding loans or liabilities, as well.
A No-Activity report may be filed via the EFS Web Application
—OR—
A No-Activity report may be filed using a Termination or Resignation Request Form/No-Activity Report Form (CF-18) submitted in hard copy with an original signature.
Where and How are Reports Filed?
State Candidates
Candidates running for state offices and certain party offices, and the committees supporting or opposing those candidates, including party and constituted committees, must register and file with NYSBOE, unless exempt from filing (exempt candidates/committees should submit a CF-05 form). (EL 14-124; NYCRR 6200.1.)
Candidates participating in the NYS Public Campaign Finance Board should visit https://pcfb.ny.gov to review their filing obligations.
Local Candidates
Candidates running for local public and party offices, and the committees supporting or opposing those candidates, including local party and constituted committees, must register and file with NYSBOE. (NYCRR 6200.1(a)(2).), unless exempt from filing (exempt candidates/committees should submit a CF-05 form).
Note: Candidates for village office, and committees solely supporting or opposing candidates for village office or village ballot propositions must register and file with the village clerk when the village clerk (rather than the County Board) runs the election. Village candidates should confirm whether the county board of elections or village clerk is running the election.
New York City Candidates Have Additional Requirements
All New York City candidates for mayor, public advocate, comptroller, borough president and city council must register with the New York City Campaign Finance Board (CFB), file periodic disclosure statements and observe CFB limits.
Exemption from Filing
Claim of Exemption from Filing
Candidates may file a Candidate or Committee Claim of Exemption from Filing Campaign Financial Disclosure Reports form (CF-05) if one of the following is true. (EL 14-124.):
- Candidates have not/will not receive or spend more than $50 for their campaign, including their own personal funds (this includes a candidate for member of a county committee of a political party or any candidate for delegate or alternate delegate to a judicial district convention that will not spend more than $50);
- Candidates for public office in a town, city or village having a population under 10,000, where the candidate does not raise or spend in excess of $1,000 in the aggregate on the campaign. This includes the personal funds of the candidate.
Note: If after submission of this form the basis for a claim of exemption becomes invalid due to a change in circumstance (e.g., exceeding monetary threshold or scope of candidate/committee activity requires filing), the candidate/committee must register and file all applicable election reports.
When to File
The 2024 Filing Calendar includes specific reporting due dates and filing deadlines for campaign finance reports.
Election Reports
There are three election reports filed in connection with each Primary, General, or Special Election. These are due at the following times:
- 32 Day Pre-Election
- 11 Day Pre-Election
- 10 Day Post-Election for Primary Elections (Per Regulation, merged with the July Periodic) or 27 Day Post-Election for General or Special Elections.
Note: Candidates and/or their committees must file three election reports for all elections in which the candidate appears on the ballot. This is also applicable when an "opportunity to ballot" petition has been filed for a primary election. Any candidate that will not, in any way, support or oppose a candidate or issue on the ballot for a particular election will not have to file any reports for that election.
Periodic Reports
These reports are filed on January 15 and July 15 each year, or as specified in the annual Filing Calendar. All committees must file periodic reports until they qualify for and file a termination report, and that termination request is granted by the NYSBOE.
Additional Documentation
Copies of documents evidencing loans received or forgiven and debts forgiven must be submitted with the report covering the period in which the transaction occurred. These supporting documents may be uploaded into the EFS Web Application by the filer.
Copies of Campaign Materials must be submitted with each applicable Post-Election report. This includes a copy of all broadcast, cable or satellite schedules and scripts, internet, print and other types of advertisements, pamphlets, circulars, flyers, brochures, letterheads and other printed matter. Photos may be submitted in lieu of actual items. Campaign Materials may be uploaded into the EFS Web Application by the filer.
24-Hour Notice — any contribution or loan which exceeds $1,000.00, and which is received after the cut-off date for filing the 11-Day Pre-Election report but before Election Day, must be reported within 24 hours of receipt. Filers with NYSBOE may file a 24-Hour Notice via the EFS Web Application. Any contribution/loan for which you sent a 24-Hour Notice must also be disclosed in the Post-Election report.