Super PACs Beware: New York City Adopts Independent Expenditure Disclosure Rules

The New York City Campaign Finance Board adopted final rules today.  This action culminates an extensive rulemaking process following passage of NYC Charter amendments in 2010.  We have posted numerous comments during the progression of these rules, much of which is linked here.

Two last thoughts as this new regulatory regime kicks off:

  • We await final State Board of Elections action on its proposed independent expenditure disclosure rules.  Because the NYC rules encompass a broader range of communications, disclosure under the NYC rules should not be treated as prima facie evidence that the spender improperly failed to register as a unregistered political committee pursuant to state law.
  • In another context, the NYC Campaign Finance Board has signaled an expansive view of “coordination” and the desire to vigorously enforce the law against unreported in-kind contributions to candidates for New York City office.  This City sheriff means to be a tough beat cop.  Don’t presume that the current Super PAC MO at the federal level will carry the day in NYC elections.